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Patna High Court - Orders

Sameer Sharma @ Shameer Sharma vs The State Of Bihar on 5 January, 2024

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.79833 of 2023
                      Arising Out of PS. Case No.-54 Year-2018 Thana- MAHILA P.S. District- Rohtas
                 ======================================================
                 Sameer Sharma @ Shameer Sharma S/O Shashikant Sharma R/O Village-
                 Khurmabad, P.S- Chenari, Distt.- Rohtas

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Dimple Sharma W/O Sameer Sharma, D/O Bharat Kumar Sharma At
                 Present Resident Of Village- Malwar, P.S- Shivsagar, Distt.- Rohtas.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s            :        Mr. Jagjit Roshan, Advocate
                 For the Opposite Party/s        :        Mr. Raj Kishor Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

3   05-01-2024

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

The petitioner seeks regular bail in connection with Mahila P.S. Case No. 54 of 2018 instituted for the offences pun- ishable under Sections 498/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

It is a case cruelty upon the informant due to non-ful- fillment of dowry demand by the petitioner/husband.

Learned counsel for the petitioner submits that peti- tioner has falsely been implicated in this case. He further sub- mits that petitioner has taken all the steps for restitution of con- jugal life and took the informant and kept her with full honour Patna High Court CR. MISC. No.79833 of 2023(3) dt.05-01-2024 2/2 and dignity. He also submits that petitioner is ready to pay a maintainance of Rs.2500/- per month, petitioner has got no criminal antecedent and he is in cutody since 26.06.2023.

Learned APP for the State as well as the Informant opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case as well as the fact that petitioner is in custody for about six months, let the petitioner above named 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 learned SDJM, Rohtas at Sasaram in connection with Mahila P.S. Case No. 54 of 2018 with condition that petitioner will deposit first installment of maintenance amount of Rs.2500/-, then there- after the petitioner may be released on bail.

(Ramesh Chand Malviya, J) Brajesh Kumar/-

U       T