Dilip Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6518 of 2017 Arising Out of PS.Case No. -1133 Year- 2015 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ====================================================== Dilip Sharma, Son of Sri Sadanand Sharma, Resident of Village- Itarhi, P.S.- Janki Nagar, District- Purnia.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Rinki Devi, Wife of Sri Dilip Sharma, D/o Bal Krishna Sharma, Resident of Village- Itarhi, P.S. Janki Nagar, District- Purnia, at present residing at Siduari Bhanwar Tola, P.S:- Gwalpara, District- Madhepura. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 1133 of 2015, registered under Section 498(A) of the Indian Penal Code.

The accusation is of torturing of the complainant by her husband and other in-laws and removing her from matrimonial house due to non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that admittedly the petitioner is husband of O.P. No.2 and he wants to keep her with full dignity and honour, but O.P. No. No.2 does not want to live with the petitioner. Further submission is that petitioner has also

Patna High Court Cr.Misc. No.6518 of 2017 (6) dt.08-11-2017 2/2 filed application under Section 9 of the Hindu Marriage Act for restitution of the conjugal life.

Learned counsel appearing on behalf of O.P. No.2 submits that due to torture and harassment, O.P. No.2 does not want to live the petitioner and she wants one time settlement. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four 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 S.D.J.M. Purnia in connection with Complaint Case No. 1133 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T