Pradeep Kumar Gupta @ Bablu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.226 of 2020 Arising out of PS. Case No.-2229 Year-2017 Thana- COMPLAINT CASE District- Araria ====================================================== Pradeep Kumar Gupta @ Bablu, Son of Lalan Prasad Gupta Resident of Village - Sarsi Chowk, Near Kali Mandir, P.S.- Sarsi, District - Purnea. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chandni Devi Wife of Pradeep Kumar Gupta @ Bablu D/o Kamala Prasad Gupta, Resident of Village - Chitragupta Nagar, Ward No. 21, Araria, P.S. and District - Araria.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Advocate For the State :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL ORDER 03-11-2021 Heard learned counsel for the parties.

In the instant case, on 18.02.2020, the Court had noticed to opposite party no. 2 and it is ordered that no coercive steps shall be taken against the petitioner. It is a complaint case no. 2229 of 2017 for the offences punishable under Section 498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act pending before the Sub-divisional Judicial Magistrate, Araria. It is learnt that due to order dated 18.02.2020 passed in the present petition the entire complaint case has been stalled.

In the light of these facts and circumstances and the Apex Court judgment in the case of Nathu Singh vs. the State

Patna High Court CR. MISC. No.226 of 2020(3) dt.03-11-2021 2/2 of Uttar Pradesh reported in (2021) 6 SCC 64 that the Courts shall not grant interim protection under Section 438 of Cr.P.C, the petitioner has not made out a case for anticipatory bail, the petition stands dismissed reserving liberty to the petitioner to approach the jurisdictional court for bail.

State counsel has no instruction in view of the fact that it is a complaint case.

(P. B. Bajanthri, J) Vikash/- U T