Amit Kumar @ Banti Sharma And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66220 of 2018 Arising Out of PS. Case No.-207 Year-2016 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ======================================================

1. Amit Kumar @ Banti Sharma.

2. Chandan Sharma @ Chhotu Sharma. Both are sons of Late Satya Narayan Sharma @ Mahangu Sharma, Resident of Mohalla Ara Road, Bikramganj,Ward No.15, P.S. Bikramganj, Distt.-Rohtas ... ... Petitioners

Versus

1. The State of Bihar.

2. Rubi Devi, W/o Late Satya Narayan Sharma @ Mahangu Sharma, resident of Mohalla-Ara Road, Bikramganj,Ward No.15, P.S. Bikramganj, Distt.-Rohtas. At present D/o of Rameshgwar Sharman, Resident of Village-Bhakura, P.S. Tarari,Distt.-Bhojpur.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr. Arvind Kumar Pandey, Advocate.

For the state :

Mr. Abhay Kumar Roy, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-12-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Section 498(A) of the IPC. The prosecution story, in brief, is that the accused persons including the petitioners tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been

Patna High Court Cr.Misc. No.66220 of 2018(2) dt.12-12-2018 2/3 implicated in the present case due to petty family dispute. The petitioners are step-sons of the victim. They are separate in mess and property from the husband of the victim. The case is triable by the Magistrate. The petitioners have further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Bikramganj, Rohtas, in connection with Complaint Case No. 207 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. If so advised, either of the parties will be at liberty to make an application before the court below for referring the matter to the District Mediation Centre for the purpose of

Patna High Court Cr.Misc. No.66220 of 2018(2) dt.12-12-2018 3/3 reconciliation or one time settlement.

(Sudhir Singh, J) U.K./- U T