Shashi Bhushan Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8614 of 2022 Arising Out of PS. Case No.-283 Year-2021 Thana- RAJAON District- Banka ====================================================== SHASHI BHUSHAN GUPTA S/o Nakul Deo Gupta Resident of VillageAsmanichak, Ward No.5, Bamdeo, Post- Bamdeo, P.S.- Barahat, DistrictBanka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar @Deepak Sahay, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-05-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.
Supplementary affidavit has been filed on behalf of the petitioner. Same be kept on the record.
Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.
The petitioner is apprehending his arrest in a case registered under Sections 498A/494/34 of the Indian Penal Code.
Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.
Patna High Court CR. MISC. No.8614 of 2022(3) dt.06-05-2022 2/3 It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. On the earlier occasion, the informant has filed a case against the petitioner and his family members for the similar offence. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.
Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Banka in connection with Rajoun P.S. case No.283/21, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
The petitioner is directed to co-operate during the trial. If the petitioner does not co-operate during the trial, the
Patna High Court CR. MISC. No.8614 of 2022(3) dt.06-05-2022 3/3 court below will be at liberty to cancel the bail bonds of the petitioner.
If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement. In case, any such application is made by either of the parties, the court below shall refer the matter to the District Mediation Centre. (Sudhir Singh, J) Narendra/- U T