Mithilesh Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36898 of 2018 Arising Out of PS. Case No.-774 Year-2002 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Mithilesh Sharma, Son of Sri Mahadeo Sharma, Resident of Village- Manika Gaji, P.S.- Musahari, District- Muzaffarpur.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Kiran Devi, Wife of Mithilesh Sharma, Resident of Village- Manika Gaji, P.S.- Musahari, District- Muzaffarpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar Roy For the Opposite Party/s :

Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-07-2018 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-fulfilment 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.36898 of 2018(3) dt.09-07-2018 2/2 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, Samastipur in connection with Complaint case No.774 of 2002, T.R. No.17 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T