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Patna High CourtCR. MISC./16406/2025disposed

Gauri Shankar Sah @ Gauri Shankar Gupta v. The State Of Bihar

2025-04-02Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16406 of 2025 Arising Out of PS. Case No.-38 Year-2015 Thana- MAHILA P.S. District- Bhojpur ====================================================== Gauri Shankar Sah @ Gauri Shankar Gupta Son of Girja Sah Resident of Village - Bhelai, P.S. - Udwant Nagar, Distt.- Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pushpa Devi Wife of Gauri Shankar Sah, D/O- Surendra Sah Resident of Village- Bhelai, P.s.- Udwant Ngar, Distt.- Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Navin Kumar Singh, Advocate For the State :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Mahila P.S. Case No. 38 of 2015 instituted under Sections 323, 498(A)/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. The petitioner is the husband of the informant. It has been submitted by learned counsel for the petitioner that the opposite party no. 2, the wife of the petitioner, is getting maintenance of Rs. 6,000/- per month and is living in the house of the petitioner.

4. Considering the facts and circumstances of the case

Patna High Court CR. MISC. No.16406 of 2025(2) dt.02-04-2025 2/2 and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner, above named, be released on provisional bail for a period of six months from the date of his release, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Bhojpur at Ara in connection with Mahila P.S. Case No. 38 of 2015, subject to the conditions laid down in Section 482 of the BNSS.

5. After grant of provisional bail, the Magistrate will verify the aforesaid statement made by the petitioner that the opposite party no. 2 is getting maintenance of Rs. 6,000/- and she is staying in the house of the petitioner and if the said statement is found true, then the provisional bail granted to the petitioner shall be confirmed. If the aforesaid statement is found false then appropriate order shall be passed by the Magistrate concerned.

6. Accordingly, this application stands disposed of. (Sandeep Kumar, J) P. Kumar U T