Om Prakash Sharma Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19647 of 2025

Arising Out of PS. Case No.-323 Year-2024 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai

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OM PRAKASH SHARMA Son of Bindeshwar Sharma Resident of village - Azad Nagar, Sharma Tola, Ward No.- 19, P.S.- Araria, District - Araria

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... ... Petitioner/s

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Versus

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The State of Bihar

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Nisha Kumari Wife of Om Prakash Sharma D/o - Gopal Sharma, At Present R/o village - Barauni, Ward No.- 13, P.S.- Teghra, District - Begusarai

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Md Naushaduzzoha, Advocate For the Complainant : Mr. Sandip Kumar Gautam, Advocate For the State : Mr. Navin Kumar Pandey, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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3 23-06-2025

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Heard Mr. Md Naushaduzzoha, learned counsel for

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the petitioner, Mr. Sandip Kumar Gautam, learned counsel for the Complainant and Mr. Navin Kumar Pandey, learned Additional Public Prosecutor for the State. Both the parties appeared physically in the Court.

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The petitioner is apprehending his arrest in connection with Complaint Case No. 323 of 2024 for the offences punishable under Sections 498(A) of the Indian Penal Code and 4 of Dowry Prohibition Act.

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According to prosecution case, the complainant was subjected to torture and assault by the petitioner due to nonfulfillment of demand of dowry.

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Patna High Court CR. MISC. No.19647 of 2025(3) dt.23-06-2025 2/3

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Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case.

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Learned counsel for the petitioner submits that petitioner is ready to keep the complainant as his wife with full dignity and honour but the complainant, who has appeared physically, submits that some more time is required and she is not ready to go with the petitioner from the Court itself.

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The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

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Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released 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 S.D.J.M, Begusarai in connection with Complaint Case No. 323 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:-

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i. Petitioner shall co-operate in the trial and shall be

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Patna High Court CR. MISC. No.19647 of 2025(3) dt.23-06-2025 3/3

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properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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

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iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

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Suruchi/-

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U T

Om Prakash Sharma v. The State of Bihar

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Om Prakash Sharma v. The State of Bihar

Case brief

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