Umesh Sharan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59153 of 2018 Arising Out of PS. Case No.-460 Year-2006 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Umesh Sharan, son of Late Nitya Nand Prasad Karn, resident of villageMadhodih, P.S. Harpur, District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Jha For the Opposite Party/s :

Mr. Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Kotwali (IShakchak) P.S. Case No. 460 of 2006 registered for the offence punishable under Sections 498(A), 494/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Allegation against petitioner is that though he got married with the complainant but he refused to take her to her matrimonial home. When the complainant went to her matrimonial house the petitioner and other family members ousted her from matrimonial house on the ground of nonfulfillment of demand of dowry.

Patna High Court Cr.Misc. No.59153 of 2018(2) dt.09-10-2018 2/2 It has been submitted on behalf of the petitioner that petitioner was earlier granted bail by this Court with a condition that he shall settle all outstanding dispute with the complainant within a period of five months. However, his bail was cancelled and he surrendered on 22.05.2018 and since then he is in custody. It has been further submitted that petitioner is ready to settle the matrimonial dispute with the complainant but the complainant herself is not a ready to live with him. Petitioner has no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bhagalpur, in connection with Kotwali (IShakchak) P.S. Case No. 460 of 2006.

(S. Kumar, J) veena/- U T