Raju Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48672 of 2019 Arising Out of PS. Case No.-61 Year-2018 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== RAJU SHARMA Son of Ramanuj Sharma Resident of Village - Chaurahi, P.S.- Haspura, Dist.- Aurangabad.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Babita Devi W/o Raju Sharma Present Address - D/o Lal Bahadur Shastri, Resident of Kamta, P.S.- Parasi, Dist.- Arwal. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Anita Kumari Singh For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 61 of 2018 instituted for the offences punishable under Sections 323, 498A of the Indian Penal Code and Section 4 of Dowry Prohibition Act.

Allegation against the petitioner is of demanding Rs.2 lac and one colour TV and for that the complainant was assaulted and ousted from the house.

Submission of learned counsel for the petitioner is that the whole allegation is false and concocted and he is still ready to keep her with dignity and care, whereas learned counsel for opposite party No.2 has opposed the prayer on the ground that before the court below petitioner refused to keep her but if petitioner is ready to keep her with dignity and care she is ready to reside with him.

Patna High Court CR. MISC. No.48672 of 2019(3) dt.30-09-2019 2/2 Heard learned APP also.

In view of above facts and circumstances, this application is disposed of with direction to petitioner to surrender on 17.10.2019 and on that day opposite party No.2 shall also remain present in court. On filing an affidavit by the petitioner that he is ready to keep opposite party No.2 with dignity and care and he is ready to take her from the court itself and will not torture her in future, he shall be released on provisional bail by the court below for a period of six months and during that period both the petitioner and opposite party No.2 shall appear in court in fourth week of every month, so that the court may watch their conduct and marital relationship between them and once the court is satisfied by the conduct of both the parties, specially the petitioner, the court below will confirm the bail bonds of the petitioner, otherwise the court is free to pass any other order(s) as it may deem fit and proper, including cancellation of bail bonds of the petitioner.

(Vinod Kumar Sinha, J) spal/- U