Vikash Sharma Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

Vikash Sharma Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail under section 438 CrPC granted: petitioner to be enlarged on bail upon arrest or surrender within six weeks, on a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the Court of JM 1st Class, Banka, in connection with Banka Complaint Case No. 994 of 2021, subject to the conditions laid down under section 438 CrPC.

Issue for consideration

Whether petitioner Vikash Sharma, apprehending arrest in Banka Complaint Case No. 994 of 2021 registered for offences under sections 323 and 498A of the Indian Penal Code (alleged dowry demand and cruelty), should be enlarged on anticipatory bail under section 438 of the Code of Criminal Procedure.

Court's answer

Considering the facts and circumstances, in the event of arrest or surrender within six weeks, the petitioner is to be enlarged on bail on furnishing a bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the Court of JM 1st Class, Banka, in connection with Banka Complaint Case No. 994 of 2021, subject to the conditions laid down under section 438 CrPC.

Detailed headnote1 paragraphs

Anticipatory bail (section 438 CrPC) granted to petitioner Vikash Sharma apprehending arrest in connection with Banka Complaint Case (PS Case) No. 994 of 2021, registered for offences under sections 323 and 498A of the Indian Penal Code arising from alleged dowry demand, cruelty and harassment of the informant and her ouster from the matrimonial house with her children. On arrest or surrender within six weeks, petitioner to be enlarged on bail on a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the Court of JM 1st Class, Banka, subject to section 438 conditions. Counsel denied the allegations asserting false implication, undertook to keep the complainant with honour and dignity, noted the case is triable by the Magistrate, claimed a clean antecedent, and relied upon Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. v. The State of Bihar, 2006(3) PLJR 182.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19038 of 2024

Arising Out of PS. Case No.-994 Year-2021 Thana- COMPLAINT CASE District- Banka

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

Vikash Sharma son of Rajkishor Mistry @ Rajkishor Sharma VillageChandan Ps- Chandan Dist- Banka

... ... Petitioner/s

Versus

The State of Bihar

Veena Devi D/o-Shivnath Sharma Village- Ashnaha Ps- Bandhuwa Kurawa Dist- Banka

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 09-07-2024

Despite valid service of notice , nobody appears on behalf of opposite party No. 2.

Petitioner apprehends arrest in a case registered for the offence punishable under sections 323 and 498A of the Indian Penal Code .

As per the prosecution case, complaint got married with the petitioner seven years ago. After some time of marriage, this petitioner along with other co-accused persons started demanding dowry and due to non-fulfillment of the same, informant was subjected to cruelty and harassment. It is further alleged that at last all the accused persons ousted the informant from her matrimonial house along with her children .

Patna High Court CR. MISC. No.19038 of 2024(3) dt.09-07-2024 2/2

Learned counsel for the petitioner while denying the allegations, submits that the petitioner has falsely been implicated in this case because he happens to be husband of the victim. However, he is ready to keep the victim with honour and dignity. The case is triable by the Magistrate. The petitioner has further 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. Petitioner claims clean antecedent.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let this petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of JM 1^st Class, Banka Patna in connection with Banka Complaint Case No. 994 of 2021 , subject to the conditions laid down under section 438 of the Code of Criminal

Procedure .

(Prabhat Kumar Singh, J)

Koushik/-

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