Dharmveer Sharma v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49549 of 2018 Arising Out of PS.Case No. -405 Year- 2017 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ======================================================
1. Dharmveer Sharma Son of Laddu Sharma resident of Village: Dhusmari Bishanpur, P.S: Muffasil Khagaria, District: Khagaria. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Guria Devi W/o Dharmveer Sharma Resident of Village: Ghusmuri, Bishanpur, P.S. Muffasil, District- Khagaria. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Roy For the State : Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest 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-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The
Patna High Court Cr.Misc. No.49549 of 2018 (2) dt.10-08-2018 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, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Khagaria in connection with Complaint Case No. 405C of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T