Vijay Kumar Sharma v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52505 of 2018 Arising Out of PS.Case No. -1106 Year- 2016 Thana -BEGUSARAI COMPLAINT CASE DistrictBEGUSARAI ====================================================== Vijay Kumar Sharma Son of Sri Ramanand Sharma, Resident of Village - Chunni, P.O. - Chunni, P.S. - Chatapur, District - Supaul. .... .... Petitioner
Versus
1. The State of Bihar.
2. Suman Sharma Daughter of Sri Digvendra Nath Sharma @ Vijay Sharma, Wife of Vijay Kumar Sharma Resident of Village - Bhari, P.O. - Suja, P.S. - Muffasil, District - Begusarai.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Pritish Kumar Lal, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act registered in connection with Complaint No. 1106C of 2016.
3. It is submitted that the petitioner who happens to be husband of the opposite party no. 2, has been falsely implicated. As a matter of fact and as evident from the order of the learned Sessions Judge, the petitioner and the opposite party no. 2 restored harmonious relations and had started residing together at the
matrimonial house. However subsequently the father of the opposite party no. 2 took her away and is instrumental in continuing with the complaint case. The petitioner claims clean antecedents.
4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Begusarai in connection with Complaint Case No. 1106C of 2016 subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Md. Ibrarul/- U T