Surendra Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59632 of 2019 Arising Out of PS. Case No.-168 Year-2019 Thana- MIRGANJ District- Gopalganj ====================================================== 1.
Surendra Sharma, aged about 55 years, Male, Son of Dina Nath Sharma, Resident of Village Pakri Bangali, P.S. Mufasil Siwan, District Siwan. 2.
Vimal Devi @ Vilam Devi, aged about 52 years, Female, W/o Surendra Sharma, Resident of Village Pakri Bangali, P.S. Mufasil Siwan, District Siwan.
3.
Shekhar Sharma @ Shekhar Kumar Sharma, aged about 22 years, Male, Son of Surendra Sharma, Resident of Village Pakri Bangali, P.S.-Mufasil Siwan, District Siwan.
4.
Neelam Kumari @ Neelam Kumari Sharma, aged about 19 years, Female, D/o Surendra Sharma, Resident of Village Pakri Bangali, P.S. Mufasil Siwan, District Siwan.
... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
Puja Devi, aged about 22 years, Female, W/o Dilip Sharma and D/o Munna Sharma, Resident of Village Pakri Bangali, P.S. Siwan Mufasil, District Siwan, Present address Resident of Village Pachfera, P.S. Mirganj, District Gopalganj.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jai Shanker Prasad For the Opposite Party/s :
Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-09-2019 Heard both sides.
The petitioners apprehend their arrest in Mirganj P.S. Case No.168 of 2019, registered under Sections 498A, 406 and 323 of the Indian Penal Code as well as under Sections 3/4 of the Dowry Prohibition Act.
The complainant alleged that she was married with Dilip Sharma on 28.11.2017 and went to her Sasural. She got a
Patna High Court CR. MISC. No.59632 of 2019(2) dt.25-09-2019 2/3 male child but on 20.02.2019 her husband returned Arab country and thereafter he disclosed that he wanted to start up his own business an asked the complainant to demand money from her parents. Her husband and others subjected her to all sorts of torture due to non-fulfillment of additional demand of dowry. Her husband again went to Arab country on 07.04.2019 but thereafter the petitioners subjected her to physical and mental torture due to non-fulfillment of additional demand of dowry. Learned counsel for the petitioners submits that the petitioners are father-in-law, mother-in-law, brother-in-law and sister-in-law of the complainant. The petitioners never demanded any dowry nor tortured the complainant.
In fact the complainant wanted to go along with her husband at his working place and when her husband did not take her to his working place, the complainant lodged this case. Taking into consideration the facts and nature of allegations made against the petitioners and the fact that the petitioners are father-in-law, mother-in-law, brother-in-law and sister-in-law of the complainant, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be enlarged on bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.59632 of 2019(2) dt.25-09-2019 3/3 (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XVI, Gopalganj in connection with Mirganj P.S. Case No.168 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) S.KUMAR/- U T