Sanjay Sharma @ Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57293 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- MAHILA PS District- East Champaran ====================================================== Sanjay Sharma @ Sanjay Kumar S/O Rup Narayan Sharma R/O VillageEkdari (Ward No. 04), P.S.- Chhauradano, District- East Champaran. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Juhee Kumari W/O Sanjay Sharma R/O Village- Ekdari (Ward No.-04), P.SChhauradano, Dist.- East Champaran. Present Address- D/O Chandra Kishor Sharma, R/O Vilage and P.S- Ramgarhwa, Distt.- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar, Advocate For the State :
Mr. Nirmal Kumar Sinha, APP For the Informant :
Mr. Ajay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-03-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A), 341, 323, 313/34 of IPC and 3/4 of D.P. Act.
3. Petitioner, who is husband of informant along with other co-accused persons is said to have abused and tortured the informant and demanded three lakh rupees and an Apache motorcycle as dowry from her. After non-fulfillment of the dowry, they ousted her from her matrimonial home. It is further alleged that she suffered miscarraige.
4. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.57293 of 2024(5) dt.07-03-2025 2/3 that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. There is general and omnibus allegation against the petitioner. It is further submitted that no medical report was produced by the informant regarding her miscarraige. Petitioner has no criminal antecedent as mentioned in para 3 of the bail application.
5. In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Mahila P.S. Case No. 06 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,
6. Petitioner is ready to pay Rs.3,000.00 (Rupees Three Thousand) per month to the informant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, informant shall be at liberty to move before the learned Court below for cancelling the bail
Patna High Court CR. MISC. No.57293 of 2024(5) dt.07-03-2025 3/3 bond of the petitioner.
7. It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.
8. Learned counsel for the informant is directed to furnish the bank account details of the informant in the learned Court below. If she fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the informant after she furnishes her bank account details.
9. If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.
10. With the aforesaid observation and direction, this application stands disposed of.
(Anjani Kumar Sharan, J) priyanka/- U T