Krishna Sharma v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43086 of 2014 Arising Out of PS.Case No. -396 Year- 2013 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ====================================================== Krishna Sharma son of Lalan Sharma resident of vill. Below P.S. Belaw Dist. Kaimur .... .... Petitioner/s
Versus
1. State of Bihar.
2. Paramsheela Devi wife of Krishan Sharma D/o Ramraj Sharma .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Pandey, Adv. For the Opposite Party/s : Mr. Manish Kr. 2(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-07-2015 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the O.P. No. 2. The petitioner seeks anticipatory bail in connection with Complaint Case No. 396 of 2013 for the offences punishable under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
In pursuance to the order dated 22.07.2015 the petitioner husband appeared in person. But the counsel for the O.P. No. 2 submits that there was a notice that the Court will be closed after lunch he then advised his client not to come. However, the said reference for the day after lunch has been cancelled i.e. why the matter is being heard.
Patna High Court Cr.Misc. No.43086 of 2014 (7) dt.29-07-2015 2/3 The allegation in the complaint case by the complainant is that she was married in the year 2011 and went to her in-laws house who started demanding dowry and torturing her. Eventually, on 18.08.2012 she was thrown out from the matrimonial house.
The counsel for the O.P. No. 2 informs that the complainant is ready to stay with the petitioner but on questions being asked from the petitioner, he flatly refused to keep the O.P. No. 2 with him.
Under such circumstances, the petitioner is directed to pay Rs. 1500/- per month in the Court of Sub- Divisional Judicial Magistrate, Rohtas in Complaint Case No. 396 of 2013. The Court will ensure that the said payment be handed over to the O.P. No. 2. Considering the facts and circumstances of the case, in the event of arrest or surrender before the Court below within four weeks from today, the petitioner be enlarged on bail upon furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Sasaram, Rohtas in Complaint Case No. 396 of 2013 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. If the said amount of Rs. 1500/- per month is not paid by
Patna High Court Cr.Misc. No.43086 of 2014 (7) dt.29-07-2015 3/3 the petitioner on the date and time so fixed by the learned SubDivisional Judicial Magistrate, Sasaram at Rohtas, this order of anticipatory bail will be deemed to be in-operative. (Nilu Agrawal, J) Prakash/- U T