Prashant Kumar @ Prashant Kumar Gupta @ Prashant Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17013 of 2022 Arising Out of PS. Case No.-71 Year-2021 Thana- MAHILA PS District- Darbhanga ====================================================== PRASHANT KUMAR @ PRASHANT KUMAR GUPTA @ PRASHANT GUPTA Son of Late Tej Narayan Gupta Resident of Village - Shiv Narayanpur (Mathurapur), P.S.- Kahalgaon, District - Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prashant Kumar Gupta Mr. Vinay Kumar Mishra For the Opposite Party/s :

Mr. Gauri Shankar Gupta For the Opposite party No.2:

Mr. Gagan Deo Yadav Mr. Ravi Prakash ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-11-2022 Heard the parties.

The petitioner apprehends his arrest in a case registered under sections 498(A), 354(B), 323, 506 and 34 of the Indian Penal Code and 3/4 of D.P. Act.

The allegation against the petitioner is of torturing the informant in association of his family members on account of non-fulfillment of demand of dowry and of ousting her out of the matrimonial house.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. Petitioner has never made any dowry demand and has been falsely implicated in the present case mostly on suspicion

Patna High Court CR. MISC. No.17013 of 2022(4) dt.01-11-2022 2/3 and grudge. There is general and omnibus allegation against the petitioner. 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.

In view of the matter, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in P.S. Case No. 71 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Petitioner is ready to pay Rs.5000/- (Rupees Five Thousand) per month to opposite party No.2 in the first week of every month, for her maintenance, as per the bank account details furnished by her in the learned Court below. It is made clear that if the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below for cancellation of the bail bond of the petitioner. It goes without saying that the aforesaid payment

Patna High Court CR. MISC. No.17013 of 2022(4) dt.01-11-2022 3/3 shall be subject to any order passed in matrimonial maintenance case or any other collateral proceedings.

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.

Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) ajay/- U T