Shankar Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20815 of 2021 Arising Out of PS. Case No.-227 Year-2019 Thana- DAGARUA District- Purnia ====================================================== Shankar Prasad Gupta Son Of Vidyanand Shah Resident of Village - Kanhariya, P.S.- Dagaruwa, Distt.- Purnia.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Dr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP For the Informant :

Md. Ejaz Akhtar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-11-2021 Let the defects, if any, be removed within four weeks after complete start of the physical Court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 376/504/34 of the Indian Penal Code.

The statement of the victim recorded under Section 164 Cr.P.C., a copy at Annexure-4, would reveal that she was in relationship with the petitioner prior to her marriage. However, she got marriage with one Subhash Kumar Prasad. Even after her marriage the petitioner used to torture her and established

Patna High Court CR. MISC. No.20815 of 2021(2) dt.29-11-2021 2/3 physical relation with her.

Submission is that the parties have compromised the case and the informant was voluntarily in relation with the petitioner.

Learned counsel for the informant does not dispute the factum of compromise.

Considering the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, 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 learned court below where the case is pending in connection with Dagaruwa P.S. Case No.227 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

Patna High Court CR. MISC. No.20815 of 2021(2) dt.29-11-2021 3/3 (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T