Patna High CourtCR. MISC./76701/2018partly allowed disposal

Rama Shankar Sharma v. State Of Bihar And ANR

2018-12-19Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76701 of 2018 Arising Out of PS. Case No.-3812 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Rama Shankar Sharma, son of Sri Gopal Thakur, resident of VillageDhirachak, Police Station- Gardanibagh, District- Patna. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Renu Kumari, daughter of Suraj Kuamr Sharma, wife of Rama Shankar Sharma, resident of Village- Dhirachak, Post Office- Anisabad, Police Station- Gardanibagh, District- Patna at present Mohalla- Indira Nagar, Road No.07, Postal Park, Police Station- Kankarbagh, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rana Pratap Singh, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP For the Opposite Party no.2 : Mr. Rohit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner and the State as well as opposite party no.2.

The petitioner apprehends his arrest in connection with Complaint Case No. 3812 (C) of 2017 for the offence under Sections 498A of the Indian Penal Code read with Section 4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that the petitioner is ready to keep his wife with full honour and dignity. Learned counsel for the opposite party no.2 submits that the opposite party no.2 (wife of the petitioner) is also willing to stay with her husband (petitioner). Considering the aforesaid, the petitioner named above, in the event of arrest or surrender before the court below

Patna High Court Cr.Misc. No.76701 of 2018(2) dt.19-12-2018 2/2 within one month from today, is directed to be released on provisional bail for a period of six months on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Patna in connection with Complaint Case No. 3812 (C) of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with the further condition that one of the bailors should be the wife of the petitioner, which is accepted by the learned counsel appearing on behalf of opposite party no.2.

After completion of six months, the court below will assess the relationship of husband and wife and if it is found that normalcy has been restored, the court below will make the provisional bail of the petitioner absolute.

(Anil Kumar Upadhyay, J) uday/- U T