Dilip Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58835 of 2019 Arising Out of PS. Case No.-1053 Year-2018 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== DILIP SHARMA Son of Sri Munnu Sharma Resident of Village- Diliya Opposite High School, P.S.- Dehri, District- Rohtas. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Smt. Kushbu Devi Wife of Dilip Sharma Resident of Village Dilip Store Diliya in front of Daliya High School, Mohalla- Diliya, P.S.- Dehri, DistrictRohtas (Bihar). At present Daughter of Ram Pravesh Sharma, Resident of Village- Gurdi, P.S.- Navi Nagar, District- Aurangabad (Bihar). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Tiwary For the Opposite Party/s :

Ms.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 1053 of 2018 instituted for the offences punishable under Sections 323, 498A of the Indian Penal Code and Section 4 of Dowry Prohibition Act. Allegation as per complaint petition is that complainant was subjected to assault and torture with respect to demand of Rs.5 lac and for that a Panchayati was held for reconciliation but the accused persons were rigid on their demand.

Submission of learned counsel for the petitioner is that as a matter of fact the complainant was pregnant from

Patna High Court CR. MISC. No.58835 of 2019(2) dt.18-09-2019 2/2 before marriage and after coming to know about the same petitioner filed a divorce case being Matrimonial Case No. 294 of 2019 and thereafter the present case has been filed and petitioner is ready to abide by any condition that may be imposed on him if bail is granted to him.

Heard learned APP also.

In view of above facts and circumstances and also considering the fact that process has already been issued after inquiry and there is no chance of tampering with the evidence, let petitioner, in the event of arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Aurangabad, in connection with Complaint Case No. 1053 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T