Dayanand Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45025 of 2018 Arising Out of PS. Case No.-19 Year-2017 Thana- MAHILA P.S. District- Siwan ====================================================== Dayanand Sharma, Son of Mahabir Sharma, Resident of Village- Pakwalia, P.S. Husaingunj in the district of Siwan.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Priyanka Devi, Wife of Munna Sharma, Resident of Village- Pakwalia, P.S.- Husaingunj, District- Siwan.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Soni Shrivastava, Mr. Abhishek Anand For the Opposite Party/s :

Mr. Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 498A and 376(D) of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the accused persons is of committing torture upon the victim due to non-fulfilment of demand of dowry. Allegation of sexual harassment is also attributed to accused persons.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is father-in-law of the victim. He has

Patna High Court Cr.Misc. No.45025 of 2018(3) dt.16-08-2018 2/2 falsely been implicated in the present case due to petty family dispute. There is no medical report to support the allegations for constituting offence under Section 376(D) of the Indian Penal Code. Rest of the offences are triable by the Magistrate. The petitioner has 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. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.

10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Siwan in connection with Mahila P.S. Case No. 19/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T