Rupesh Kumar Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19122 of 2018 Arising Out of PS. Case No.-248 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Rupesh Kumar Sharma, Son of Vindeshwar Sharma, Resident of VillageRamaul, P.S.- Hathauri (Shivajinagar O.P.), District- Samastipur. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Priya Sharma, Wife of Rupesh Kumar Sharma, Daughter of Shiv Shankar Vishwakarma, Resident of Village- Ramaul, P.S.- Hathauri (Shivajinagar O.P.), District- Samastipur at present resident of Panchsheelnagar, P.O. & P.S.- Badh, District- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar For the Opposite Party/s :

Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 323, 352, 316, 498A, 120B and 149 of the Indian Penal Code, but cognizance has been taken under Sections 498A, 312 of the I.P.C. and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.19122 of 2018(2) dt.10-04-2018 2/2 petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has 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 State, it is submitted that the petitioner is named in the complaint case.

Considering the aforesaid facts and circumstances, 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 Sub Divisional Judicial Magistrate, Barh, District Patna in connection with Complaint case No.248(c) of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T