Patna High CourtCR. MISC./24297/2015disposed

Sakhichand Sharma And ANR v. The State Of Bihar

2015-06-26Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24297 of 2015 ======================================================

1. Sakhichand Sharma S/o Ramashray Sharma.

2. Sanjai Kumar Sharma @ Sanjay Kumar Sharma S/o Ramashray Sharma. Both resident of village- Lauvri, P.O.- Banpura, P.S.- Rasulpur, DistrictSaran At Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Dubey For the Opposite Party/s : Mr. Tapeshwar Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-06-2015 The present application has been filed for modification of the order dated 04.08.2014 passed in Cr. Misc. No. 11742 of 2014 to the extent of deleting the condition whereby the father of the bride has been directed to be the one of the bailors of the petitioners and for extending the period of surrender. It appears that the petitioners were granted anticipatory bail vide Cr. Misc. No. 11742 of 2014 in a case registered for the offences punishable under Section 406 of the IPC and Section 3/4 of the Dowry Prohibition Act on statement that the father of the bride is not supporting the accusation as the case was lodged by the uncle of the bride, hence on the proper identification of the father of the bride and becoming one of the bailors, anticipatory bail was granted by a co-ordinate Bench of this Court.

Patna High Court Cr.Misc. No.24297 of 2015 (2) dt.26-06-2015 2/2 subsequently, the father of the bride refused to become the bailor, hence another anticipatory bail application was filed being Cr. Misc. No. 9418 of 2015 which was dismissed on 11.03.2015. In the circumstances, this Court is not inclined to entertain the present modification application, but considering the nature of accusation, it is a case for consideration of prayer for regular bail if the petitioners surrender within a period of six weeks in connection with Complaint Case No. 1174 of 2013 pending in the court of learned JM, Siwan.

Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U T