Anand Gopal Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24482 of 2017 Arising Out of PS.Case No. -687 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Anand Gopal Sharma, S/o Krishna Gopal Sharma, Resident of 94, Kintar Charjeewgan Kona, Shiv Mandir, Howrah, P.S. Das Nagar, DistrictHowrah (West Bengal). .... .... Petitioner

Versus

1. The State of Bihar.

2. Juli Devi @ Juli Sharma, W/o Anand Gopal Sharma, Resident of Village- Bhadaur, P.S. Bhadaur, District- Patna. Present Address D/o & H/o Nawal Sharma Resident of Panchshil Nagar, Barh, P.S.- Barh, District- Patna.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ashok Kumar Kashyap For the State : Mr. Abhay Kumar - 1, A.P.P. For the O.P. No. 2 : Mr. Rajnish Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2017 Heard learned counsels for the petitioner, complainant and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 687 (C) of 2015 for the offences instituted under Section 498(A) of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the complainant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The case is triable by the Magistrate. He has falsely been implicated in

Patna High Court Cr.Misc. No.24482 of 2017 (3) dt.20-07-2017 2/2 the present case due to petty family dispute. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. It has been submitted on behalf of learned counsels for both the parties that the petitioner and the complainant are agree to stay together.

On behalf of the learned counsels for the State and the complainant, it has been submitted that the petitioner is named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No. 687 (C) of 2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Barh, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T