Saroj Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41084 of 2022 Arising Out of PS. Case No.-81 Year-2021 Thana- DELHA District- Gaya ====================================================== Saroj Kumar Sharma, S/O Mahendra Sharma R/O Village- Khardauri, P.S.- Amarpur, District- Banka ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No2 For the Opposite Party/s :

Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 386 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that marriage of her daughter was fixed with petitioner's son in which gift worth Rs.15 Lakhs were given. It is further alleged that after the marriage was fixed, the son of the petitioner started torturing the victim and when the informant made complains to the petitioner and his family members, they called her daughter, abused and threatened her. It is next alleged that thereafter, his daughter committed suicide on 12.04.2021.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.41084 of 2022(2) dt.12-12-2022 2/2 petitioner has been falsely implicated in the present case. It is next submitted that since the marriage could not fructified, as such, the present false case came to be instituted. It is also submitted that from perusal of the allegation, it would manifest that it was Alok Kumar Sharma, who used to call the victim and torture her and the allegation with regard to torture and abuse alleged against the petitioner is general and omnibus in nature.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bailbonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Delha P. S. Case No.81 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T