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Patna High CourtCR. MISC./9214/2023allowed

Vikas Kumar Gupta @ Vikash Kumar v. The State Of Bihar

2023-04-12Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9214 of 2023 Arising Out of PS. Case No.-32 Year-2022 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Vikas Kumar Gupta @ Vikash Kumar S/O Manmodh Prasad R/VRamgarhwa Bazar, P.S.- Ramgarhwa, District- East Champaran ... ... Petitioner/s

Versus

1.

The State Of Bihar Bihar 2.

Khushbu Kumari W/O Vikas Kumar Gupta D/O Bhagwan Prasad R/VShyampur Bazar, P.S.- Aadapur, District- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 498A of the Indian Penal Code.

As per prosecution case, complainant alleged that petitioner along with other accused person used to torture her due to non-fulfillment of dowry demand, after that this complaint case has been lodged.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.9214 of 2023(2) dt.12-04-2023 2/3 petitioner is innocent and has committed no offence. Petitioner is husband of the complainant due to which he has falsely been implicated in this case. There is general omnibus allegation of dowry demand against the petitioner and co-accused persons. It is further submitted that he is ready to keep complainant (wife) with proper honour and dignity and complainant is also ready to live with him. He has got no criminal antecedent. Moreover, petitioner is languishing in judicial custody since 01.12.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Complaint Case No. 32(C) of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul at Motihari.

Trial court is directed to make effort to settle and

Patna High Court CR. MISC. No.9214 of 2023(2) dt.12-04-2023 3/3 resolve the dispute which arose between the parties. (Sunil Kumar Panwar, J) Manish/- U T