Kedar Sharma @ Karan Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2992 of 2024 Arising Out of PS. Case No.-592 Year-2016 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Kedar Sharma @ Karan Sharma son of Late Tanik Singh Village- Tarapar PsBena Dist- Nalanda ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Moni Devi wife of Kedar Sharma @ Karan Sharma Village- Tarapar PsBena Dist- Nalanda D/o- Lalan Singh Village- Issua Ps- Sarmera DistNalanda ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar , Advocate For the Opposite Party/s :
Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State. Despite valid service of notice, nobody appears on behalf of opposite party no. 2.
2. The petitioner, husband of the victim, apprehends his arrest in a complaint case punishable for the offence under Sections 323 , 498(A), 494 and 406 of the Indian Penal Code and Section 3/ 4 of the D. P Act.
Patna High Court CR. MISC. No.2992 of 2024(6) dt.11-09-2024 2/3 3 . As per complaint, the complainant solemnized marriage with this petitioner in the year 2012 as per Hindu rituals and after the marriage, when she went to her matrimonial house, she was subjected to torture and cruelty by this petitioner and other in-laws family members due to non-fulfillment of demand of dowry and lastly, she was ousted from her matrimonial house .
4. Learned counsel for the petitioner, while denying the allegations made in the Complaint, submits that petitioner has been falsely implicated in this case merely because he happens to be husband of the victim. However, he is ready to keep the victim with full honour and dignity. Moreover, the case is triable by the learned Magistrate. The petitioner has further 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 . Petitioner claims clean antecedent.
5 . Considering the aforesaid facts and circumstances, in the event of arrest or surrender within a period of six weeks from today, let this petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.2992 of 2024(6) dt.11-09-2024 3/3 learned JM 1st Class Nalanda at Bihar Sharif in connection with Complaint Case No. 592 of 2016, subject to the conditions, as laid down under Section 438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J) Koushik/- U T