Dr. Sitaram Sharma @ Dr. Sitaram Mistri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48306 of 2021 Arising Out of PS. Case No.-284 Year-2021 Thana- AMARPUR District- Banka ====================================================== 1.

DR. SITARAM SHARMA @ DR. SITARAM MISTRI KUMAR RANJAN Resident of Village- Mahamadpur, P.S.- Amarpur, District- Banka. 2.

Vindhvasni Sharma Wife of Sitaram Mistri Resident of VillageMahamadpur, P.S.- Amarpur, District- Banka. 3.

Sanjiv Kumar Sharma Son of Dr. Sitaram Sharma Resident of VillageMahamadpur, P.S.- Amarpur, District- Banka. 4.

Rakesh Ranjan Son of Dr. Sitaram Sharma Resident of VillageMahamadpur, P.S.- Amarpur, District- Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shalini Sharma Wife of Rajeev Sharma and Daughter of Sri Vijay Singh Resident of Village- Mahamdpur, P.S.- Amarpur, District- Banka, Bihar813101. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amitabh Sohan, Advocate For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP Mr.Akhilesh Dutta Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-05-2022 Heard learned counsel for the petitioners, learned counsel for the O.P. No.2 and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, the office will place the matter before the Bench.

Patna High Court CR. MISC. No.48306 of 2021(3) dt.16-05-2022 2/3 The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341/323/504/34 and 498 of the IPC.

The allegation against the petitioners is that they being the in-laws of the O.P. No.2 have subjected her to torture and tried to throw her out of the matrimonial house. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner nos.1 and 2 are the father-in-law and mother-in-law of the informant while petitioner nos.3 and 4 are the brothers-in-law of the informant. It is further submitted that husband of the informant is already in judicial custody. Petitioners have no criminal antecedent. Learned APP for the State as well as learned counsel for the O.

P. No.2 opposed the prayer for anticipatory bail and submits that the petitioners are also involved in the present case, therefore section 307 IPC has also been added. Learned counsel for the petitioners submit that the police has not filed charge sheet u/s 307 of the IPC.

Patna High Court CR. MISC. No.48306 of 2021(3) dt.16-05-2022 3/3 Having regard to the facts and circumstances of the case, since there is general and omnibus allegation against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Amarpur (Dist. Banka) P.S. Case No.284/21, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T