Shiv Nandan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87009 of 2019 Arising Out of PS. Case No.-121 Year-2018 Thana- COMPLAINT CASE District- Lakhisarai ====================================================== Shiv Nandan Sharma, Male, aged about 61 years, Son of Late Natho Sharma, Resident of Village -Ghoghi Bariarpur, P.O.- Loshdhani, P.S.- Piri Bazar, Distt.- Lakhisarai.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shabnam Kumari @ Guria W/o Pritam Kumar, D/o Late Prakash Thakur, Resident of Village - Chanaanpura, P.O.- Alinagar, P.S.- Surajgarha, Distt.- Lakhisarai.

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

For the Petitioner/s :

Mr.Mukesh Kumar, Adv.

For the Opposite Party/s :

Mr.Shantanu Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT Date : 08-01-2020 Heard learned counsel for the parties.

This application has been filed under Section 482 of the Cr.P.C for quashing the order dated 17.10.2019 passed by Sessions Judge, Lakhisarai in Cr. Misc. No. 54 of 2019 arising out of Complaint Case No. 121C of 2018 for the offence punishable under Sections 498(A) and 307 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act. Petitioner was granted anticipatory bail by the learned Session Judge, Lakhisarai on 15.02.2019 in Complaint Case No, 121 C of 2018 instituted under Section 3/4 of D.P. Act. Petitioner is father-in-law of the complainant and it

Patna High Court CR. MISC. No.87009 of 2019 dt.08-01-2020 2/2 was submitted that allegations of complainant is against the husband and he has been unnecessarily dragged in this case and he was directed to be granted the privilege of pre-arrest bail and he was directed to surrender before the court below within two weeks but it is submitted that due to the illness he could not surrender within two weeks and he filed an application before the Sessions Judge, Lakhisarai for extension of time for surrender which was dismissed by order dated 17.10.2019. Considering the nature of allegation and also in view of the fact that the petitioner was granted the privilege of pre-arrest bail by learned Sessions Judge, Lakhisarai but due to some unavoidable circumstances and reasons he could not surrender within the time as stipulated in the order, petitioner is directed to surrender within four weeks from today and shall be released on bail on furnishing bail bond as stipulated in the order dated 15.02.2019.

This application is disposed of.

(S. Kumar, J) Rajiv/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date