Patna High CourtCR. MISC./17146/2017dismissed

Gautam Prasad Sharma v. State Of Bihar And ANR

2017-07-01Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17146 of 2017 Arising Out of PS.Case No. -322 Year- 2016 Thana -SAMASTIPUR COMPLAINT CASE District- SAMASTIPUR ====================================================== Gautam Prasad Sharma Son of Nemolal Sharma, Resident of Village- ManDhaneshpur, P.S.- Dhaneshpur, District- Samastipur .... Petitioner

Versus

1. The State of Bihar.

2. Baby Sharma, W/o Gautam Pd. Sharma, D/o Ram Sewak Sharma, R/o Bajitpur Tola Kurni, P.S.- Dalsingh-Sarai, District- Samastipur. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Alok Kumar Alok, Advocate For the Opposite Party : Mr. Ajay Kumar-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 01-07-2017 The petitioner apprehends his arrest in a case under sections 307/498A and other allied sections of the IPC and sections 3⁄4 of the Dowry Prohibition Act.

The allegation is that the petitioner tortured opposite party no.2 for non fulfillment of dowry. On earlier occasion, he also sprinkled kerosene oil on opposite party no.2. Learned counsel for the petitioner submits that he is willing to keep opposite party no.2 with care and honour. Further, there is no evidence on record which will show that petitioner sprinkled kerosene oil on opposite party no.2. It appears that opposite party no.2 agreed to reside with the petitioner, but as he did not keep her well, she was forced to lead deserted life at her parents' house. In this

Patna High Court Cr.Misc. No.17146 of 2017 (2) dt.01-07-2017 2/2 situation, no useful purpose would be served to issue notice to opposite party no.2.

Having regard to the facts and circumstances of the case, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail, which would be considered preferably on the same day on its own merit without prejudice. (Samarendra Pratap Singh, J) Shashi.

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