Santosh Sharma @ Prahlad Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63300 of 2024 Arising Out of PS. Case No.-455 Year-2022 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Santosh Sharma @ Prahlad Sharma son of Arvind Sharma Resident of Village- Kalyan Bigha, PS- Kalyan Bigha (Harnaut), Distt.- Nalanda (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rubi Devi Wife of Bhushan Sharma R/O- Village- Kalyan Bigha, P.S.- Kalyan Bigha( Harnaut), Distt.- Nalanda, at present D/O- Sidheshwar Sharma, R/O- Village- Uttarnama, P.S.- rahui, Distt.- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kamlesh Prasad Yadav, Adv.

For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP Mr.Pankaj Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-10-2024 Heard the parties.

2.

The petitioner apprehends his arrest in a case registered under sections 498(A), 323, 506/34 of the IPC and sections 4 of Dowry Prohibition Act.

3.

Allegation as made in the complaint case is that the accused persons including the petitioner used to torture the complainant over dowry demand and it is alleged that the petitioner being the younger brother-in-law of the complainant, wanted to establish physical relation with the complainant. 4.

It is submitted by learned counsel for the petitioner that petitioner is an innocent person and has committed no offence.

Patna High Court CR. MISC. No.63300 of 2024(2) dt.01-10-2024 2/2 Petitioner has never been involved in making any dowry demand and has been falsely implicated in the present case due to grudge. Petitioner is the younger brother-in-law of the complainant and there is no specific overt act against him. Petitioner has no criminal antecedent.

5.

Learned APP for the State and learned counsel for the O.P. No.2 opposed the prayer for bail.

6.

Considering the aforesaid facts and circumstances, since there is no specific overt act against the petitioner, let the petitioner, named above, in the event of his 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.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 Complaint Case No.455C/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T