Tufani Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46220 of 2014 Arising Out of PS.Case No. -123 Year- 2014 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ====================================================== Tufani Sharma, son of Parshuram Sharma, resident of village-Karakat, P.S. Karakat (Gorarai), District-Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Puja Devi, wife of Tufani Sharma and daughter of Jayram Sharma, resident of village-Kawai, P.S. Suryapura, District-Rohtas. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 07-05-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No.123 of 2014 registered under Section 498-A of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is the husband of the complainant/opposite party no.2 and is still ready to keep her with full honour and dignity. It is further submitted that it would appear from the order dated 16.08.2014 passed in A.B.P. No.1034 of 2014 whereby the prayer of the petitioner for grant of anticipatory bail was rejected, the Sessions Judge, Rohtas (Camp

Patna High Court Cr.Misc. No.46220 of 2014 (3) dt.07-05-2015 2/2 Court, Bikramganj) has observed that on notice the victim/complainant/opposite party no.2 did not appear. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within four weeks, be enlarged on provisional bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Bikramganj, District-Rohtas, in connection with Complaint Case No.123 of 2014, subject to the conditions laid down under Section 438(2) Cr.P.C. Learned trial court is directed to issue notice to the complainant/opposite party no.2 and make attempt to resolve the dispute in between the petitioner and the complainant by taking all possible efforts and if the dispute is resolved then confirm the provisional bail of the petitioner. If the dispute is not resolved then the trial court will pass the order on its own merit. (Rajendra Kumar Mishra, J) P.S./- U T