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Patna High CourtCR. MISC./2948/2020allowed

Ranjan Kumar Gupta v. The State Of Bihar

2022-12-08Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2948 of 2020 Arising Out of PS. Case No.-1688 Year-2019 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== RANJAN KUMAR GUPTA Son of Late Vijay Gupta Resident of Village - Purani Bazar Maharajganj, Ward No. 4, P.O. and P.S.- Maharajganj, Distt - Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Antima Devi Wife of Ranjan Kumar Gupta Resident of Village - Purani Bazar Maharajganj, Ward No. 4, P.O. and P.S.- Maharajganj, Distt - Siwan, At present D/o Late Nagina Sah, R/v - Semra Purab tola, P.S.- Gopalganj, Distt - Gopalganj.

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with (Trial No. 2176 of 2019) Complaint Case no. 1688 of 2019 instituted for the offence under Sections 498(A), 406 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

As per allegation in the FIR, due to non-fulfillment of dowry demand, petitioner along with other family members started to abuse and torture the complaint mentally and

Patna High Court CR. MISC. No.2948 of 2020(11) dt.08-12-2022 2/3 physically.

It is submitted by learned counsel for the petitioner that petitioner is husband of the informant and he has been falsely implicated in this case.

Learned counsel for prays for some maintenance for her survival as she is a housewife and she is not able to maintain herself .

In the alternative, learned counsel appearing on behalf of the petitioner, on instructions, submits that petitioner is ready to give Rupee four thousand per month from this month, subject to furnishing bank account number by the informant to the petitioner.

In the changed circumstance, learned counsel for the informant admits that he shall provide bank account number of the informant to the petitioner within a period of one week from today. On receipt of the bank account number of the informant, the petitioner shall deposit Rs. 4,000/- (Four Thousand) in first week of every month commencing from December, 2022 as maintenance in the account furnished by the informant. Having heard learned counsel for the parties and considering the submissions made on behalf of the petitioner, this Court is inclined to enlarge him on bail. The petitioner,

Patna High Court CR. MISC. No.2948 of 2020(11) dt.08-12-2022 3/3 above named, in the event of his arrest or surrender before learned Court below within a period of four weeks from today, shall be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Gopalganj in connection with Trial No. 2176 of 2019, subject to the conditions as laid down under section 438(2) of the Cr.P.C. The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 4,000/- (for the month of December, 2022) by the petitioner in the account of the informant.

The aforesaid payment will be subject to any order passed in the maintenance case for final settlement. (Sunil Kumar Panwar, J) sushma/- U