Allowed

Santosh Sharma v. State Of Bihar and Anr.

Patna HC9 Apr 2018CR. MISC./20273/2018

Case brief

AI extract

What is this about?

The High Court of Patna granted anticipatory bail to Santosh Sharma, apprehending arrest in a case under Sections 498A IPC and Dowry Prohibition Act. The petitioner was ordered to surrender within six weeks and furnish bail bonds with sureties upon arrest before the Chief Judicial Magistrate, Bhojpur.

What did the court decide?

Petitioner released on anticipatory bail upon surrender within six weeks, subject to furnishing bail bonds of Rs.10,000 with two sureties to the Chief Judicial Magistrate, Bhojpur.

Santosh Sharma Vs State Of Bihar and Anr. — Dowry and Cruelty | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20273 of 2018

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Arising Out of PS. Case No.-2130 Year-2014 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur

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======================================================

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Santosh Sharma, Son of Late Maha deo Prasad Sharma @ Late Maha deo Sharma, Resident of Village-Dularpur, P.S. Jagdishpur, District-Bhojpur.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Punpun Kumari, Wife of Santosh Sharma, Daughter of Dashrath Sharma, Resident of Station Road Behiya, P.S. Behiya, District-BHojpur.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Md. Ataul Haque For the Opposite Party/s : Mr. Yogendra Kr. Singh (App) ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 09-04-2018

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code and 4 of Dowry Prohibition Act.

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Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

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It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

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Patna High Court Cr.Misc. No.20273 of 2018(2) dt.09-04-2018 2/2

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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 .

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On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

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Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Arrah in connection with Complaint Case No. 2130C/14 (Tr. No. 4208/14), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Sudhir Singh, J)

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Pankaj/-

Santosh Sharma v. State Of Bihar and Anr.

Case brief

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Santosh Sharma v. State Of Bihar and Anr.

Case brief

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