Ajay Sharma @ Ajay Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.70488 of 2018 Arising Out of PS. Case No.-34 Year-2018 Thana- MAHILA P.S. District- Araria ====================================================== Ajay Sharma @ Ajay Kumar Sharma Son of Sushil Sharma Resident of Village-Bhadeshwar,Police Station-Jogbani(Bathnaha O.P.) Distt.-Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :
Mr. Sri Jagdhar Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-12-2018 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Araria (Mahila) P.S. Case No. 34 of 2018 (G.R. No. 1159 of 2018) registered for the offences punishable under Sections 341, 323, 498A, 354B, 504, 506 and 34 of the Indian Penal Code and under Section 3/4 of the Dowry prohibition Act. Informant alleged that petitioner (husband) along with her family members abused and assaulted and thereafter tried to kill her due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. There is no specific allegation of any overt act against the petitioner. He has no criminal antecedent and he is in custody since 18.09.2018.
Patna High Court Cr.Misc. No.70488 of 2018(2) dt.07-12-2018 2/2 Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Araria in connection with Araria (Mahila) P.S. Case No. 34 of 2018 (G.R. No. 1159 of 2018), subject to conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Rajiv/ManojU T