Pawan Sharma @ Pawan Kumar Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26508 of 2018 Arising Out of PS. Case No.-261 Year-2016 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== Pawan Sharma @ Pawan Kumar Sharma S/o Maheshwar Sharma, Resident of Village- Chera Khera, P.S.- Allouli, District- Khagaria. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Hira Devi, D/o Deo Narayan Sharma, Resident of Village- Bhadas, P.S.- Mufassil, District- Khagaria.

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

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 498A of the Indian Penal Code 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 is in custody since 21.03.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has

Patna High Court Cr.Misc. No.26508 of 2018(2) dt.01-05-2018 2/2 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/F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on 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, Khagaria in connection with Complaint case No.261C of 2016.

(Sudhir Singh, J) Narendra/- U T