Vijay Krishna Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14527 of 2018 Arising Out of PS.Case No. -131 Year- 2016 Thana -MAHILA P.S. District- MUZAFFARPUR ====================================================== Vijay Krishna Sharma, Son of Late Indu Shekhar Sharma, Resident of Village- Bhadi, P.S.- Hathauri, District- Muzaffarpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : M/S. Ajay Kumar Thakur, Mrs. Babita Kumari and Mr. Pravin Kumar, Advocates.

For the Opposite Party : Mr. Md. Fahimuddin, A.P.P. For the Informant : M/S. Kaushal Kishore, Rishikesh and Mamta Singh, Advocates.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-04-2018 In light of the supplementary affidavit filed on behalf of the petitioner, learned counsel for the petitioner is permitted to make necessary correction in paragraph no. 3 of the main bail application, in course of the day.

Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. The petitioner is languishing in custody since 04.01.2018 in a case for the offence registered under Sections 498(A) of the IPC and 3⁄4 of the D.P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the

Patna High Court Cr.Misc. No.14527 of 2018 (3) dt.10-04-2018 2/2 petitioner that the petitioner has falsely been implicated in the present case due to petty family dispute. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. 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.

On behalf of the learned counsels for the State and the informant, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

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 the learned S.D.J.M. East Muzaffarpur, in connection with Trial No. 2832/2017, arising out of Mahila P.S. Case No. 131 of 2016.

The informant, if so advised, may approach before the competent authority/court for redressal of her grievance, if any.

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