Roshan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39678 of 2019 Arising Out of PS. Case No.-1171 Year-2014 Thana- COMPLAINT CASE District- Araria ====================================================== ROSHAN SHARMA Son of Narayan Sharma Resident of Village - Tarabari, P.S.- Tarabari, Distt - Araria.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Komal Devi Wife of Roshan Sharma, D/o Shiv Narayan Sharma Resident of Village - Dharamganj, P.S.- Palasi, Distt - Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered under Sections 498A, 323 and 379 of the Indian Penal Code.

Petitioner who happens to be husband of the complainant is said to have tormented the complainant over dowry demand and drove her out of her marital house along

Patna High Court CR. MISC. No.39678 of 2019(5) dt.20-09-2019 2/3 with his family members.

It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in the case. He neither made any demand nor ever tormented the complainant nor drove her out of her marital house. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner is ready to keep the complainant with him with full honour and dignity, but the complainant did not turn up before this Court despite service of notice upon her. Hence reconciliation between the parties could not be materialized. Learned APP for the State opposed the bail petition.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on provisional bail for two months, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-V, Araria in connection with Complaint Case No. 1171-C of 2014, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.39678 of 2019(5) dt.20-09-2019 3/3 However on taking the complainant by the petitioner with him from the learned lower court, learned lower court shall be at liberty to confirm the provisional bail of the petitioner. (Prakash Chandra Jaiswal, J) mantreshwar/- U T