Ram Prawesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8129 of 2021 Arising Out of PS. Case No.-986 Year-2019 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== Ram Prawesh Sharma Son of Umesh Sharma Resident of Village - Bairo Ward No. 8, P.S. and District - Supaul ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sanju Devi Wife of Ram Prawesh Sharma Daughter of Birendra Sharma, Resident of Mohalla - Bhartiya Nagar ward No. 26, P.S. and District - Saharsa.

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

For the Petitioner/s :

Mr. Amarnath Jha, Advocate.

For the Opposite Party/s :

Mr. Dashrath Mehta, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-03-2022 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2. The petitioner seeks anticipatory bail in connection with Complaint Case No. 986c of 2019 registered for the offences under Sections 323, 379, 406, 420, 498-A, 494 of the Indian Penal Code and Sections 3⁄4 and 6 of the Dowry Prohibition Act.

In paragraph No. 9 of the bail petition, specific statement was made that the petitioner is ready to keep the opposite party no.2 with full honour and dignity. In such view of the matter, the petitioner is directed to visit his Sasural and take opposite party no.2 with him before

Patna High Court CR. MISC. No.8129 of 2021(5) dt.23-03-2022 2/3 18.04.2022 and, thereafter, both the parties will file an application in the Court below that they have amicably settled their disputes and they are staying together. The petitioner will also provide a separate mobile phone and number to opposite party no.2 from which she can talk to her parents as and when she desires.

On filing of the aforesaid application by both the parties in the Court below, the Court below will release the petitioner on provisional bail for a period of three months on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saharsa, in connection with Complaint Case No. 986c/2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

After completion of three months, both the parties will again appear before the learned Court below. The Court below will verify the conduct of both the parties and thereafter take a decision either to confirm the provisional bail or to cancel the same in the facts of the case.

Till filling of the application by both the parties in the Court below, the interim protection granted to the petitioner vide

Patna High Court CR. MISC. No.8129 of 2021(5) dt.23-03-2022 3/3 order dated 06.12.2021 shall continue to operate. With the aforesaid observations and directions, this bail petition is allowed.

(Sandeep Kumar, J) shakir/- U T