Om Prakash Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38301 of 2018 Arising Out of PS. Case No.-1564 Year-2013 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Om Prakash Sharma, Son of Shiv Nath Sharma, Resident of Village- Bheldi, P.S.- Bheldi, District- Saran.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Kanchan Mala, Wife of Om Prakash, Daughter of Chandra Shekhar Singh, Resident of Village- Agarpur, (Chanwara Niwas), P.S.- Lalganj, DistrictVaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinay Ranjan For the Opposite Party/s :

Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 498A of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.04.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has

Patna High Court Cr.Misc. No.38301 of 2018(2) dt.05-07-2018 2/2 falsely been implicated in the present case due to petty family dispute. The case is 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, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Vaishali at Hajipur in connection with Complaint case No.1564 of 2013, Trial No.3053 of 2014. (Sudhir Singh, J) Narendra/- U T