Pradeep Kumar Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44725 of 2017 Arising Out of PS.Case No. -836 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Pradeep Kumar Sharma Sono f Suresh Mistri, Resident of Village-Dovadih, P.s.,Shekhopur Sarai, District-Shekhpura, Presently residing at Molarband Extension, Lane No. 32, House No. 386/06, Badarpur, New Delhi. .... .... Petitioner

Versus

1. The State of Bihar.

2. Sujata Kumari, Wife of Pradeep Kumar, Daughter of Parmanand Sharma, Resident of Mohalla Kumhrar, Opposite Police Chowki, Pakka Kua, P.O.,Bhadurpur Housing Colony, P.s., Agam Kua, Patna 800026. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Kumar Kaushik, Advocate. For the State : Mr. Upendra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 836 of 2016 for the offences instituted under Section 498(A) of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the complainant due to non-fulfillment of demand of dowry.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the

Patna High Court Cr.Misc. No.44725 of 2017 (2) dt.15-09-2017 2/2 petitioner. He has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. It has been submitted by learned counsel for the State that the petitioner is named in the complaint case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No.836/2016 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Patna City, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T