Krishna Gupta @ Sri Krishna Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18845 of 2024 Arising Out of PS. Case No.-388 Year-2023 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Krishna Gupta @ Sri Krishna Gupta Son of Gobardhan Sah Resident of Village- Nonar, P.S.- Ramgarh, District- Kaimur at Bhabua ... ... Petitioner/s
Versus
1.
The State of Bihar Patna 2.
Sarita Devi W/o Sri Krishna Gupta, D/o Late Shivshankar Sah Resident of Village- Nonar, P.S.- Ramgarh, District- Kaimur at Bhabua ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Singh For the Opposite Party/s :
Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner has preferred this application for grant of anticipatory bail in connection with Ramgarh P.S. Case No. 388 of 2023, dated 05.10.2023, for the offences punishable under Sections 323, 341, 504, 498A/34 of the Indian Penal Code and Section 3/4 of the D.P. Act.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant mentally and physically and ousted her from the matrimonial home due to non-fulfillment of demand of Rs. 5 Lakhs as dowry.
Patna High Court CR. MISC. No.18845 of 2024(2) dt.08-04-2024 2/3
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. It is further submitted that the petitioner is the husband of the informant. The petitioner neither demanded any dowry nor tortured the informant. The petitioner is ready to keep the informant with full dignity and honour. 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." Learned counsel has further relied on the judgments in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and Another (2022) 10 SCR 351 and Md. Asfak Alam Vs. The State of Jharkhand & Anr. Passed in Criminal Appeal No(s). 2207 of 2023, arising out of Special Leave Petition (CRL.) No. 3433 of 2023. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus against the petitioner, let the above named petitioner, in the
Patna High Court CR. MISC. No.18845 of 2024(2) dt.08-04-2024 3/3 event of his arrest/surrender within a period of six weeks from today, be enlarged 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 concerned, Kaimur at Bhabua in connection with Ramgarh P.S. Case No. 388 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition:- (i) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. 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.
8. The application stands allowed.
(Chandra Prakash Singh, J) Ranjeet/- U T