Rambachan Sharma @ Rambachan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.290 of 2024 Arising Out of PS. Case No.-378 Year-2022 Thana- SERGHATI COMPLAINT CASE District- Gaya ====================================================== Rambachan Sharma @ Rambachan Kumar, aged about 28 years, Male, son of Dwarik Sharma @ Dwarika Sharma @ Dwarika Mistri, resident of villageLai, P.S.- Mohanpur, District- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rekha Kumari @ Khusbu, wife of Rambachan Sharma @ Rambachan Kumar, resident of village- Lai, P.S.- Mohanpur, District- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 08-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Complaint Case No.378 of 2022 dated 13.06.2022, instituted under Sections 498-A of the Indian Penal Code.

3. The allegation against the petitioner and others is of torturing the complainant on account of non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner is the husband of the opposite party no.2 and he is ready to keep with full dignity and honour. It is further submitted that vide order dated 29.01.2024, notice was issued to

Patna High Court CR. MISC. No.290 of 2024(3) dt.08-05-2024 2/3 the opposite party no. 2, but she has not appeared even after receiving the notice personally. Learned counsel further submitted that the petitioner neither demanded any dowry nor any motorcycle from the complainant. He did not even tortured the complainant in any manner. Further submission is that the petitioner is suffering from some neurological problem. He used to provide her regular treatment and was always ready to bear the cost of her treatment, but all gone in vein. On 28.06.2021, she was found missing from the house and ultimately, she was found at Sherghati Hospital from where her brother took her to maternal home. The petitioner also filed two application in Mohanpur Police Station in this regard. Lastly, it is submitted that the petitioner has no criminal antecedents.

5. Perusal of the record shows that notice was issued to the opposite party no. 2, but she has chosen not to appear even after personal service of notice.

6. Learned APP has opposed the prayer for bail.

7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.290 of 2024(3) dt.08-05-2024 3/3 sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Sherghatti, Gaya, in Complaint Case No.378 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

8. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T