Kunal Gupta @ Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18897 of 2019 Arising Out of PS. Case No.-448 Year-2018 Thana- GANDHIMAIDAN District- Patna ====================================================== Kunal Gupta @ Kunal Kumar Son of Ranjan Prasad Resident of Gali No.3, Salimpur Ahra, Near Mahavir Asthan, Police Station-Gandhi Maidan, District-Patna ... ... Petitioner

Versus

1.

The State of Bihar 2.

Ganesh Prasad Son of Dina Nath Prasad Resident of village- Monachak, Shiv Mahal, District-Chapra ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 498A, 341, 323, 504, 34 of the Indian Penal Code. Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. 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 due to petty family dispute. On the earlier occasion also, the wife of the petitioner had lodged a complaint case against the petitioner and his family members. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul

Patna High Court CR. MISC. No.18897 of 2019(2) dt.02-04-2019 2/2 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 aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sub Judge-17-cum-Additional Chief Judicial Magistrate, Patna in connection with Gandhi Maidan P.S. Case No. 448 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T