Allowed

Baleshwar Sharma v. The State Of Bihar

Patna HC15 Feb 2019CR. MISC./5615/2019

Case brief

AI extract

What is this about?

In Cr.Misc. No.5615 of 2019, the Patna High Court granted bail to petitioner Baleshwar Sharma, accused under Section 498A IPC, on furnishing bond and sureties subject to standard cooperation and tampering conditions despite the death of the deceased complainant.

What did the court decide?

Petitioner released on bail upon furnishing bond of Rs. 10,000 with two sureties of like amount subject to conditions of cooperation and non-tampering.

Baleshwar Sharma Vs The State Of Bihar — Dowry and Cruelty | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5615 of 2019

¶2

Arising Out of PS. Case No.-1041 Year-2004 Thana- SIWAN COMPLAINT CASE DistrictSiwan

¶3

====================================================== Baleshwar Sharma Ramrup Sharma Vill.- Badka Gaon, P.O.- Papaur, P.S.Pachrukhi

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State Of Bihar Bihar

¶7

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shambhu Prasad Yadav For the Opposite Party/s : Mr.Satyendra Narayan Singh ======================================================

¶8

CORAM: HONOURABLE MR. JUSTICE S. KUMAR

¶9

ORAL ORDER

¶10

3 15-02-2019

¶11

Heard learned counsel for the petitioner and learned

¶12

counsel for the State.

¶13

Petitioner, who is in custody, seeks bail in connection with Trial No. 1553 of 2018 (Arising out of Complaint No. 1041 of 2004) registered for the offence punishable under Section 498(A) of the Indian Penal Code.

¶14

Allegation against petitioner and other co-accused is of torturing the complainant for non-fulfillment of demand of dowry.

¶15

It has been submitted on behalf of the petitioner that petitioner is the husband of complainant and he has been falsely implicated in this case. It has been further submitted that the marriage had taken place in the year 1991 and there was no demand of any dowry or torture. As a matter of fact the complainant did not not want to live with her husband. She has

¶16

Patna High Court Cr.Misc. No.5615 of 2019(3) dt.15-02-2019 2/2

¶17

already died as natural death on 19.11.2008 while the petitioner was in U.A.E. for livelihood. Petitioner has no criminal antecedent and he is in custody since 17.11.2018.

¶18

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Siwan, in connection with Trial No. 1553 of 2018 (Arising out of Complaint No. 1041 of 2004) subject to the conditions that:-

¶19

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

¶20

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

¶21

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

¶22

(S. Kumar, J)

¶23

veena/-

¶24

U T

Baleshwar Sharma v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Baleshwar Sharma v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Baikunth Sharma Vs The State Of Bihar Through The Principal Secretary Department Of Home, Government Of Bihar, and Ors.

Sonu Kumar Chaudhary Vs The State Of Bihar

Pankaj Kumar Vs The State Of Bihar

Viyash Yadav @ Vijay Yadav Vs The State of Bihar

Ajay Rai Vs The State of Bihar

Dr. Pawan Kumar Vs The State of Bihar