Gurudev Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57278 of 2021 Arising Out of PS. Case No.-32 Year-2019 Thana- MAHILA P.S. District- Nawada ====================================================== GURUDEV SHARMA Son of Awadh Kishore Sharma Resident of village - Jamalpur Ward No.1, Sheikhpura, P.S.- Sheikhpura, Distt.- Sheikhpura. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

CHANDANI KUMARI W/o Gurudev Sharma, D/o Nandlal Sharma Resident of village - Mudlachak, Bypass Road Warisaliganj, P.S.- Warisaliganj, Distt.- Nawada.

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

For the Petitioner/s :

Mr. Deepak Kumar For the Opposite Party/s :

Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-10-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Mahila P.S. Case No.32 of 2019, registered for the offences punishable under Sections 341, 323, 379, 498(A), 504, 506 and 34 of the Indian Penal Code.

The petitioner and other co-accused persons are said to have tortured the informant physically and mentally for nonfulfillment of demand of additional dowry. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is also submitted that the petitioner has got no

Patna High Court CR. MISC. No.57278 of 2021(4) dt.13-10-2022 2/2 criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that petitioner is the husband of the informant.

Learned counsel for the petitioner has filed a supplementary affidavit stating therein that petitioner was forced to file Title Suit (Divorce) No.38/2020 under Section 13 of the Hindu Marriage Act, 1955 before the learned Principal Judge, Family Court, Sheikhpura, which was allowed by judgment dated 11.04.2022.

Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Nawada in connection with Mahila P.S. Case No.32 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) Sanjay/- U T