Prem Shanker Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5265 of 2017 Arising Out of PS.Case No. -700 Year- 2016 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Prem Shanker Sharma, Son of Late Krishna Sharma, Residence of Village- Badi Khajuri, P.S.- Kuchai Kote, Distt.- Gopalganj. .... .... Petitioner

Versus

1. The State of Bihar.

2. Soni Kumari Sharma @ Kumari Soni, W/o Prem Shanker Sharma, Daughter of Ram Naresh Sharma, Residence of Village- Naihari VillageNechua Khas, P.S. Kuchaikot, Distt.- Gopalganj. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sushil Kumar For the Opposite Party/s : Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-01-2018 Heard learned counsel for the petitioner, learned counsel appearing for the State and learned counsel for the O.P. No.2.

The petitioner is apprehending his arrest in a case instituted under Sections 323, 498A of the Indian Penal Code and 3/4 of D.P. Act.

The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the demand of dowry.

Vide orders dated 27.04.2017, the matter was referred to the Patna High Court Mediation and Conciliation Centre, Patna

Patna High Court Cr.Misc. No.5265 of 2017 (7) dt.16-01-2018 2/3 but as per report of the Mediator, the mediation has failed. 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. The case is triable by the Magistrate. Due to petty family dispute, the present case has been instituted against the petitioner. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, the petitioner is named in the Complaint case.

On behalf of the Counsel for the O.P. No.2, it has been submitted that the O.P. No.2 is not ready to stay with the petitioner.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No.700/2016, Tr. No.2301 of 2016, on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Amit Kumar Pandey, J.M.,

Patna High Court Cr.Misc. No.5265 of 2017 (7) dt.16-01-2018 3/3 Gopalganj, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T