Rajendra Sharma v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2767 of 2018 Arising Out of PS. Case No.-182 Year-2017 Thana- KALYANPUR District- East Champaran ====================================================== Rajendra Sharma Son of Sri Hari Narayan Sharma, Resident of VillageBahlolpur, Police Station-Kalyanpur, District-East Champaran. ... ... Petitioner/s
Versus
1. The State of Bihar
2. Asha Sharma Wife of Rajendra Sharma, D/o Shiv Nandan Sharma, At Present Resident of Village-Khokhara, P.S.-Kalyampur, District-East Champaran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhurendra Kumar, Advocate For the State :
Mr. Shailendra Kumar -2, APP For opposite party No.2 :
Mr. Binod Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-02-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner is apprehending his arrest in a case registered under Sections 323, 494, 498A and 504/34 of the Indian Penal Code.
Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry. A joint affidavit has been filed on behalf of the petitioner and opposite party No.2. Same be kept on the record. The matter has been resolved between the parties in the following terms and conditions :
"2. That, now the parties are agreed to resume their conjugal relationship.
Patna High Court Cr.Misc. No.2767 of 2018(3) dt.13-02-2018 2/3
3. That, the parties are agreed to reside together.
4. That, the opposite party no.2 Asha Sharma who is the wife of the petitioner namely Rajendra Sharma also agreed to withdraw the cases instituted against the petitioner which are- (i) Kalyanpur Police Station case No.182 of 2017.
(ii) Matrimonial case No.343 of 2017 pending before the learned Principal Judge, Family Court, Patna.
(iii) Complaint before the Women's Help Line and any other of any.
5. That, all the grievances of both the parties have now been resolved between them and the petitioner will maintain his wife and daughter properly and petitioner will provide proper education to his daughter namely Priyanka Sharma."
Considering the fact that the matter has been resolved between the parties, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate IX, East Champaran at Motihari in connection with Kalyanpur P.S. case No.182 of 2017, G.R. No.6312 of 2017, subject to the conditions as laid
Patna High Court Cr.Misc. No.2767 of 2018(3) dt.13-02-2018 3/3 down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T