Pramod Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51963 of 2022 Arising Out of PS. Case No.-1434 Year-2021 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== PRAMOD KUMAR SHARMA Son of Prabhunath Thakur R/V- Tikaita, P.STurkauliya, Dist- East Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Chanda Devi W/o Pramod Kumar Sharma, D/o Balmiki Sharma R/VShankar Saraiya, Babutola, P.S- Turkauliya, Dist- East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhurendra Kumar, Advocate For the Opposite Party/s :
Mr.Pushpa Sinha.1, A.P.P For the Informant/s :
Mrs. Rashmi Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-11-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
3. The petitioner is apprehending his arrest in connection with Complaint Case No. 1434/2021, Trial No. 2539/22 dated 01.09.2021 registered for the offence punishable under Section 498A of the Indian Penal Code and Sections 3 & 4 of the D.P. Act.
4. As per the prosecution case, the petitioner and the
Patna High Court CR. MISC. No.51963 of 2022(7) dt.01-11-2023 2/3 co-accused persons are alleged to have tortured the complainant mentally and physically due to non-fulfillment of demand of four-wheeler, T.V. and a freeze as dowry.
5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner who is husband of the complainant. Learned counsel has further submitted that the mother of the complainant has also filed a case vide Turkauliya P.S Case No. 922 of 2021 against the petitioner and his family members. 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." Learned counsel has further submitted that Section 498A of the IPC is triable by the Magistrate. Learned counsel has further relied on the judgments in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and Another (2022) 10 SCR 351 and Md. Asfak Alam Vs. The State of Jharkhand & Anr passed in Criminal Appeal No(s). 2207 of 2023 arising out of Special Leave Petition (CRL.) No. 3433 of 2023. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
6. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.51963 of 2022(7) dt.01-11-2023 3/3 opposed the prayer for anticipatory bail of the petitioner.
7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Sadar, Motihari, East Champaran in connection with Complaint Case No. 1434/2021, Trial No. 2539/22, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
8. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconcilation or one time settlement.
9. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T