Jay Shankar Prasad Gupta @ Jay Shankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7946 of 2026 Arising Out of PS. Case No.-192 Year-2021 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Jay Shankar Prasad Gupta @ Jay Shankar Prasad, S/o- Kamla Kant Gupta, R/o vill- Shekhpur Akhara Ghat, P.S.- Ahiyapur, Dist- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Prakash Kumar Gupta, Brother of Late Priyanka Gupta (Deceased) and S/oNawal Prasad Gupta, R/o vill- Tilak Chowk Ward.No-6, PS- Madhubani, Dist- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-02-2026 Heard the parties.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 192 of 2021 registered for the offences punishable under sections 341, 323, 379 and 498A read with section 34 of the Indian Penal Code.

3. The main submissions advanced by petitioner's counsel are that the petitioner's wife lodged the complaint case in which the cognizance of the offences under section 498A of the Indian Penal Code and sections 3 & 4 of the Dowry Prohibition Act has been taken against the petitioner and others; and the allegations made by the wife of the petitioner in her complaint are totally general and omnibus and there is no medical evidence to support the allegation of physical torture

Patna High Court CR. MISC. No.7946 of 2026(2) dt.17-02-2026 2/2 and the marriage of the petitioner with his wife took place in the year 2016. It is further submitted that after filing of the complaint, the petitioner's wife died in her maika on 13.05.2023 and the petitioner is ready to keep his minor daughter who is presently residing with her maternal grandparents. It is lastly submitted that the petitioner bears no criminal antecedent.

4. Learned APP for the State has opposed the prayer of the petitioner.

5. In the facts and circumstances of this case and considering the aforesaid submissions, coupled with the pleas of the petitioner, this Court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Complaint Case No. 192 of 2021, subject to the conditions as laid down under Section 482(2) of the BNSS. (Shailendra Singh, J) annu/- U T