Shakti Prakash Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76327 of 2018 Arising Out of PS. Case No.-1252 Year-2018 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Shakti Prakash Sharma Son of Sri Ajay Kumar Sharma, Resident of Bheria Haveli, Opposite of Army Gate No.2, H.B. Road, Deepatoli, Police StationRanchi Sadar, District-Ranchi Jharkhand. ... ... Petitioner/s

Versus

1. State Of Bihar and Anr

2. Manisha Kumari, Wife of Shakti Prakash Sharma and Daughter of Late Sri Shyamanand Kumar @ Shyamanand, Kunwar, Resident of House No. SW017.0203, Barmasia, P.N.T. Chowk, Near Power House, Katihar, Police Station-Katihar, District-Katihar.

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

For the Petitioner/s :

Mr.Jai Shanker Prasad,Advocate For the Opposite Party/s :

Mr. Rajeev Nayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-01-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Complaint Case No. 1252 of 2018, registered for offences punishable under Sections 498 (A )of the Indian Penal Code. As per F.I.R., allegation against the petitioner is of subjecting the complainant with cruelty and harassing her with mentally and physically due to non fulfillment of demand of dowry of Rs. 5,00,000/- and lastly she was ousted from her matrimonial house.

Submission of the learned counsel for the petitioner is

Patna High Court Cr.Misc. No.76327 of 2018(3) dt.29-01-2019 2/3 that the petitioner has falsely been implicated in this case and from the complaint petition itself shows that from very beginning the complainant was not ready to live with the petitioner and the complainant with the assistance of her family members, left the house of the parents of the petitioner on 31.03.2018 and lodged a case after delay of three months, i.e. on 13.06.2018 under Sections 498 (A) of the Indian Penal Code and Section 4 of Dowry Prohibition Act, 1961 along with other relevant laws.

Learned A.P.P. as well as learned counsel for the informant opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, in the event of his arrest or surrender, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each in connection with Complaint Case No. 1252 of 2018 to the satisfaction of the learned Chief Judicial Magistrate, Katihar, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that the petitioner will be ready to cooperate in disposal of maintenance case, if any filed by the Opposite Party No. 2 otherwise, the complainant is free to move

Patna High Court Cr.Misc. No.76327 of 2018(3) dt.29-01-2019 3/3 for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sudha/- U T