Allowed

Sonu Kumar Sharma v. The State of Bihar

Patna HC7 Dec 2023CR. MISC./43764/2023

Case brief

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What is this about?

In a bail application under Section 438 CrPC regarding an FIR for dowry harassment under IPC 498A and the Dowry Prohibition Act, the High Court allowed the petitioner's bail with directions to pay monthly maintenance to the wife and potential reconciliation.

What did the court decide?

Petitioner released on bail when arrested or surrendering within six weeks, subject to furnishing a bond of Rs. 25,000 with two sureties and paying Rs. 3,000 monthly maintenance to the wife.

Sonu Kumar Sharma Vs The State of Bihar — Dowry and Cruelty | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43764 of 2023

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Arising Out of PS. Case No.-3803 Year-2022 Thana- SARAN COMPLAINT CASE DistrictSaran

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

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SONU KUMAR SHARMA SON OF LATE PRABHU NATH SHARMA RESIDENT OF VILLAGE- DAUDPUR, DHOBIYA TOLA, PSDAUDPUR, DISTT- SARAN AT CHAPRA

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... ... Petitioner/s

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Versus

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The State of Bihar

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SITA DEVI WIFE OF SONU KUMAR SHARMA RESIDENT OF VILLAGE- PYAREPUR, PS- BANIYAPUR, DISTT- SARAN AT CHAPRA

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Dewendra Narayan Singh For the Opposite Party/s : Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 07-12-2023 Heard learned learned counsel for the petitioner and learned APP for the State.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

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Petitioner, who is husband of opposite party no. 2, is said to have ousted the opposite party no. 2 from her matrimonial home in association of his family members over the dowry demand.

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Patna High Court CR. MISC. No.43764 of 2023(3) dt.07-12-2023 2/3

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It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. 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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In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Saran Complaint Case No. 3803 of 2022, Trial No. 3240 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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Petitioner is ready to pay Rs. 3,000/- (Rupees Three Thousand) per month to the opposite party no. 2 in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no. 2 shall

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Patna High Court CR. MISC. No.43764 of 2023(3) dt.07-12-2023 3/3

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be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

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It goes without saying that the aforesaid amount shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

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Learned counsel for the opposite party no. 2 is directed to make available the bank account details of opposite party no. 2 in the learned Court below.

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If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

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Accordingly, this application stands disposed of.

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(Anjani Kumar Sharan, J)

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Ranjeet/-

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U T

Sonu Kumar Sharma v. The State of Bihar

Case brief

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Sonu Kumar Sharma v. The State of Bihar

Case brief

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