Ram Dilechan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82327 of 2019 Arising Out of PS. Case No.-816 Year-2016 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== RAM DILECHAN SHARMA, aged about 28 years, Male, S/o- Shiv Kumar Sharma, Resident of Village/Muhalla- Gadha, P.S.- Ladaniya, DistrictMadhubani ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Puja Devi, aged about 26 years, Female, W/o- Ram Dilechan Sharma, D/oRamdatt Sharma, Resident of Village/Muhalla- Karharwa, P.S.- Ladaniya, District- Madhubani ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Sanjay Kumar, Adv.

For the State :

Mr. Murli Dhar, APP For OP No. 2 :

Mr. Manish Kumar No. 13, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-06-2020 Heard learned counsel for the petitioner, learned Additional Public Prosecutor, for the state, and the learned counsel appearing for complainant/opposite party no. 2, through video conferencing.

The petitioner seeks pre-arrest bail in connection with C.R. Case No. 816 of 2016, registered under Sections 323, 504, 498A, 379 and 324 of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act.

The accusation is that after the marriage of complainant/opposite party no. 2, Puja Devi, with the petitioner, she went to her sasural with gifted articles and she was blessed with a male issue in the year 2010, but, thereafter, she was being

Patna High Court CR. MISC. No.82327 of 2019(3) dt.30-06-2020 2/3 tortured, through various modes, by her husband and in-laws saying her to ask her parent to execute the sale deed in respect to land, but, she was not ready and, hence, she was removed from her matrimonial house.

Learned counsel appearing on behalf of the petitioner submits that, admittedly, the marriage of complainant/opposite party no. 2 was performed with the petitioner, but, later on due to misbehaviour some dispute arose and complainant/opposite party no. 2 started to quarrel and left her matrimonial house along with her son and lodged the present case. Further, submission is that while the petitioner was ready to keep his wife, complainant/opposite party no. 2, but, she has performed her re-marriage. Further, submission is that while the notice issued by this Court was received by complainant/opposite party no. 2, but she did not appear in this case.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with C.R. Case No. 816 of 2016 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Subdivisional Judicial Magistrate,

Patna High Court CR. MISC. No.82327 of 2019(3) dt.30-06-2020 3/3 Madhubani, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T