Umesh Prasad @ Umesh Prasad Gupta @ Umesh Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14466 of 2022 Arising Out of PS. Case No.-353 Year-2021 Thana- CHANPATIA District- West Champaran ====================================================== UMESH PRASAD @ UMESH PRASAD GUPTA @ UMESH KUMAR GUPTA Son of Rajendra Prasad Resident of Village - Rajendra Nagar, Ward no.4, Tamkuhi Road, P.S.- Sevrahi, Distt.- Kushinagar (U.P.). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SAVITA DEVI W/o Umesh Prasad @ Umesh Kumar Gupta, D/o Hanuman Prasad Resident of Village - Rajendra nagar, Ward No.4, Tamkuhi Road, P.s.- Sevrahi, Distt.- Khushinagar, (U.P.) At Present R/o Village - Chanpatiya, P.s.- Chanpatiya, Distt.- West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-04-2022 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2. The petitioner seeks anticipatory bail in connection with Chanpatiya P.S. Case No. 353 of 2021 registered for the offences under Section 498-A and other allied sections of the Indian Penal Code.

In paragraph No. 12 of the bail petition, specific statement was made that the petitioner is ready to keep the opposite party no.2 with full honour and dignity. In such view of the matter, the petitioner is directed to visit his Sasural and take opposite party no.2 with him before

Patna High Court CR. MISC. No.14466 of 2022(2) dt.05-04-2022 2/3 25.04.2022 and, thereafter, both the parties will file an application in the Court below that they have amicably settled their disputes and they are staying together. The petitioner will also provide a separate mobile phone and number to opposite party no.2 from which she can talk to her parents as and when she desires.

On filing of the aforesaid application by both the parties in the Court below, the Court below will release the petitioner on provisional bail for a period of three months on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, in connection with Chanpatiya P.S. Case No. 353 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

After completion of three months, both the parties will again appear before the learned Court below. The Court below will verify the conduct of both the parties and thereafter take a decision either to confirm the provisional bail or to cancel the same in the facts of the case.

Till filling of the application by both the parties in the Court below, the petitioner shall not be arrested in connection

Patna High Court CR. MISC. No.14466 of 2022(2) dt.05-04-2022 3/3 with the present case.

With the aforesaid observations and directions, this bail petition is allowed.

(Sandeep Kumar, J) Saif/- U T