Nand Kishor Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82740 of 2023 Arising Out of PS. Case No.-1236 Year-2022 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== NAND KISHOR SHARMA S/o Ram Raj Sharma, Resident of Village - Kathej, P.s. - Mohaniya, District- Kaimur (Bhabua). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mamta Devi, W/o Nand Kishor Sharma, D/o Shyam Bihari Sharma, Resident of Village - Kathej, P.s. - Mohaniya, District- Kaimur (Bhabua), At present residing at Ward No. 25, Bhabua, P.S. - Bhabua, District- Kaimur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 498A, 494, 406, 323, 504, 506 and 34 of the Indian Penal Code.

3. The prosecution case, in brief, is that earlier the marriage of the complainant was solemnized with the petitioner on 24.04.2008 and after marriage the petitioner along with coaccused used to torture the complainant mentally and physically due to non-fulfillment of dowry demand and also assaulted her. On 20.09.2022 the complainant was forced out of her sasural by the accused persons.

Patna High Court CR. MISC. No.82740 of 2023(2) dt.20-12-2023 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the complainant due to which he has falsely been implicated in the present case. He has never demanded dowry from the complainant and still ready to keep his wife/complainant with full dignity and honour. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 18.09.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Complaint Case No. 1236 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Kaimur at Bhabhua.

(Sunil Kmar Panwar, J) lata/- U T