Hiralal Sharma @ Heera Lal Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37129 of 2025 Arising Out of PS. Case No.-88 Year-2024 Thana- MAHILA P.S. District- Bhagalpur ====================================================== 1.
Hiralal Sharma @ Heera Lal Sharma S/o- Sri Dinesh Sharma @ Dinesh Mistri 2.
Dinesh Sharma @ Dinesh Mistri S/o- Late Ram Dular Sharma @ Ram Dular Mistri, Resident of Village- Farka PS- Sabour, Dist- Bhagalpur, A/P- Shanti Nagar Colony PS- Sabour Dist- Bhagalpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Rubi Devi W/o- Hiralal Sharma, D/o- Upendra Sharma R/o- Zero Mile Bhagalpur Ps- Industrial Area Dist- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Jha, Advocate For the Opposite Party/s :
Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-07-2025 Heard learned counsel appearing on behalf of the petitioners and the learned APP for the State.
2. Petitioners seek pre-arrest bail in connection with Bhagalpur (Mahila) P.S.Case No.88 of 2024 registered for the offences punishable under Sections 85, 115(2), 126(2), 82(1) of BNS.
3. As per the allegation made in the FIR, for nonfulfilment of the demand of dowry, all the family members including the petitioners tortured, assaulted and forced the informant to leave her matrimonial house.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.37129 of 2025(3) dt.16-07-2025 2/3 petitioners submitted that the petitioner no.1 is the husband of the informant, who is ready to keep his wife (informant) with full dignity and honour so that their two small children may get love and affection of both father and mother, as well as, grand father (petitioner no.2). In this regard, specific statement has been given in paragraph no.11 of the bail application. Petitioner no.2 is the father-in-law of the informant.
5. Learned APP for the State has submitted that the matter can be resolved by amicable settlement.
6. Having considered the rival submissions made on behalf of the parties, as well as, considering the the fact that the petitioner no.1 is the husband of the informant and the petitioner no.2 is the father-in-law. Out of matrimonial relationship of the petitioner no.1 and the informant, two children were born, who are required proper care, love and affection of their mother and father. Specific statement in paragraph no.11 of the bail application has been given that petitioner no.1 will take care of his wife with full dignity and honour and he also ensures that he will take proper care of his two children in proper manner. The petitioners are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned district court within a period of four weeks from today, on furnishing bail
Patna High Court CR. MISC. No.37129 of 2025(3) dt.16-07-2025 3/3 bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM IX, Bhagalpur/concerned court, in connection with Bhagalpur (Mahila) P.S.Case No.88 of 2024, subject to conditions as laid down under Section 482(2) of BNSS of 2023
7. The learned district court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) chn/- U T .