Amar Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 7321 of 2021 Arising Out of PS. Case No.-2103 Year-2017 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== AMAR KUMAR SHARMA SON OF LOMAS SHARMA VILLAGETELNI PUSHO, P.S.- BITHAN, DISTRICT- BEGUSARAI. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SANGITA KUMAR WIFE OF AMAR KUMAR SHRMA D/O HARERAM SHARMA VILLAGE- MORKAHI TOLA, KORIYAMA, P.O.- DUNAHI, P.S.- GARHPURA, DISTRICT- BEGUSARAI.

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

For the Petitioner/s :

M/s Arjun Pd, Pramod Kr Verma, Advocates For the S t a t e :

Mr Chandra Bhushan Prasad, APP For the Complainant :

Mr Ranjit Kumar Yadav, Advocate ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 27-07-2021 This case has been taken up today for consideration through Video Conferencing.

Heard learned counsel for the petitioner, complainant and the learned Additional Public Prosecutor (APP) appearing for the State of Bihar.

Petitioner seeks bail in connection with Complaint Case No 2103 of 2017 in which cognizance has been taken for the offence punishable under Section 498A of Indian Penal Code (for brevity, IPC) and Section 4 of Dowry Prohibition Act. Petitioner's counsel submits that being husband, petitioner is willing to keep the complainant along with him and

Patna High Court CR. MISC. No.7321 of 2021(4) dt.27-07-2021 2/2 ensure restoration of matrimonial harmony. It is submitted that the case under Section 498A of IPC and Section 4 of Dowry Prohibition Act has been lodged merely on the basis of some domestic misunderstanding.

Considering the submission of the learned counsel for the petitioner, this Court would direct that the petitioner would be released on provisional bail in connection with Complaint Case No 2103 of 2017 pending before Sub Divisional Judicial Magistrate, Begusarai for a period of three months so that an amicable resolution of the dispute is arrived at, where after the Court below may confirm the provisional bail. In the event, issue is not resolved between the petitioner and the complainant within three months' period, it is needless to say that the Court below would be at liberty to exercise its judicial discretion to pass orders in the matter, which include cancellation of bail.

This application stands disposed of in the above noted terms.

(Madhuresh Prasad, J) M.E.H./- U T