Patna High CourtCR. MISC./61335/2019bail granted

Subhash Sharma v. The State Of Bihar

2019-09-26Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61335 of 2019 Arising Out of PS. Case No.-1894 Year-2012 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Subhash Sharma Son of Lal Jee Sharma @ Lalji Sharma Resident of VillageBathuwariya, P.S.-Bathuwariya, District-West Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

Pushpa Devi W/o Subhash Sharma D/o Shiv Shankar Sharma Resident of Village-West Kargahiya, P.S.-Bettiah Town, District-West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 323, 379, 498A/504 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 17-12-2018. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner undertakes that he will cooperate during trial. The

Patna High Court CR. MISC. No.61335 of 2019(2) dt.26-09-2019 2/2 petitioner has 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. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Complaint Case No. 1894-C of 2012.

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