Pankaj Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76792 of 2023 Arising Out of PS. Case No.-18 Year-2023 Thana- MAHILA PS District- Jehanabad ====================================================== 1.

Pankaj Sharma Son Of Ramakant Sharma Resident Of Village- South Daulatpur, Ps- Jehanabad, Distt- Jehanabad 2.

Shabnam Sharma Wife Of Pankaj Sharma Resident Of Village- South Daulatpur, Ps- Jehanabad, Distt- Jehanabad ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-12-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Jehanabad (Mahila) P.S. Case No. 18 of 2023 dated 27.06.2023 registered for the offence punishable u/s 341, 323, 498A, 312, 506 read with 34 of the Indian Penal Code and Sections 3 and 4 of the D.P. Act.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant mentally and physically due to non-fulfillment of demand of dowry.

5. Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.76792 of 2023(2) dt.21-12-2023 2/2 that the petitioners have falsely been implicated in this case. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. There is general and omnibus allegation against the petitioners who are father and mother-in-law of the informant. The petitioner neither demanded any dowry nor tortured the informant.

6. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Jehanabad in connection with Jehanabad (Mahila) P.S. Case No. 18 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

(Chandra Prakash Singh, J) atul/- U T