Gopal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5484 of 2022 Arising Out of PS. Case No.-414 Year-2021 Thana- NATHNAGAR District- Bhagalpur ====================================================== GOPAL KUMAR Son of Durga Prasad Sah @ Durga Sah Resident of Manaskamna Mandir Road, Nath Nagar, Police Station - Nath Nagar, DistrictBhagalpur. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Preeti Kumari D/o Munna Prasad Sah Resident of Mohalla- Ooper Tola, Nath Nagar, Police Station - Nath Nagar, District- Bhagalpur, presently posted as a Constable in Adarsha Muffasil, Police Station - Begusarai, District - Begusarai.

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

For the Petitioner/s :

Mr. Dr. Manoj Kumar, Advocate For the State :

Mr. Pushpa Sinha.1, APP For the O.P. No.2 :

Mr. Rajiv Ranjan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2022 Heard learned counsel for the petitioner, learned counsel for the Opposite Party No.2 and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 354(B), 498(A), 504 and 506/34 of the Indian Penal Code. It is a case of cruelty due to non-fulfilment of dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case because earlier the informant had instituted Nath Nagar P.S. Case No. 135 of 2018 under Sections 392, 498(A), 504 and 506/34 of the IPC and Sections 3/4 of the D.P. Act against her husband and others and after investigation, the police submitted

Patna High Court CR. MISC. No.5484 of 2022(4) dt.02-08-2022 2/2 chargesheet only under Sections 341, 323, 504 and 506/34 of the IPC and the case under Section 498A of the IPC was not found true during investigation. He further submits that petitioner is ready to keep the Opposite Party No.2 with full honour and dignity.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Bhagalpur in connection with Nath Nagar P.S. Case No. 414 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

However, the court below is directed to make attempt and to explore its best efforts for making settlement between the parties.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T