Shailendra Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54403 of 2019 Arising Out of PS. Case No.-683 Year-2018 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== SHAILENDRA KUMAR SHARMA Son of late Suresh Chandra Sharma Resident of Village - Hati, P.S.- Kako, Distt - Jehandabad. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Kumari Smita Wife of Sourabh Kumar, D/o Ramashraya Sharma Resident of Mohalla - Adarsh Nagar, P.S. and Distt - Jehanabad. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Helal Ahmad For the Opposite Party/s :

Mr.Pancha Nand Pandit, APP For the Informant :

Mr.Sunil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-09-2019 Learned counsel appearing on behalf of the petitioner is permitted to make correction in the prayer portion of the anticipatory bail application in course of the day. Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case No. 683 of 2018 for the offence punishable under Sections 341, 323, 379, 498A and 504/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The petitioner is father-in-law of the complainant. Learned counsel appearing on behalf of the petitioner has submitted that this has become the practice to implicate the family members of the husband once matrimonial discord

Patna High Court CR. MISC. No.54403 of 2019(2) dt.02-09-2019 2/2 develops and implication of this petitioner is just an example of this general practice.

Learned counsel appearing on behalf of the complainant, on the other hand, has submitted that there is specific allegation in the complaint petition of having deposited amount in the account of the petitioner in the nature of dowry. Be that as it may, considering the facts and circumstances, case for grant of anticipatory bail is made out. This application is accordingly allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Jehanabad, in Complaint Case No. 683 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T