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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15999 of 2020 Arising Out of PS. Case No.-611 Year-2019 Thana- KADAMKUAN District- Patna ====================================================== Anand Gupta @ Anand Kumar Gupta Son of Dayanand Parmanand Gupta Resident of Village - 202 Legacy chs, Off, Dada Bhai Road, Near Tehsildar office Andheri (West), P.S.- Andheri (west) Mumbai. ... ... Petitioner

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Brisketu Sharan Pandey, Advocate For the Opposite Party :

Mr.Awadhesh Kr Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2020 Heard learned counsel for the petitioner as well as learned counsel for the State and the informant. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 498A/376 and other allied sections of the Indian Penal Code.

Prosecution's case, in brief, is that the petitioner and his family members subjected the informant to cruelty for fetching more dowry. Meanwhile, on 4.2.2018 her fatherin-law tried to commit rape on her when she was staying at their Mumbai residence.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this

Patna High Court CR. MISC. No.15999 of 2020(2) dt.15-07-2020 2/3 case. He submits that the petitioner happens to be father-inlaw of informant and is living separately. He further submits that prior to this case, informant had also filed one complaint case on 2.7.2018, vide Complaint Case No. 2764(c) of 2018, with the similar allegation, but has not made any such allegation about this petitioner. There is general and omnibus allegation. The alleged incident of attempt to rape is of 4.2.2018 and F.I.R. has been lodged after one and half year. Petitioner is 68 years old and suffering from various old age ailments.

Learned counsel for the informant opposes the prayer for bail. He submits that there is allegation of committing torture against the petitioner and his family members.

Considering the facts of the case, prayer for anticipatory bail to the petitioner is allowed. Let the petitioner, named above, in the event of surrender before the Court below, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Judge XII cum Additional Chief Judicial Magistrate, Patna in Kadamkuan Police Station Case No. 611 of 2019, subject to the

Patna High Court CR. MISC. No.15999 of 2020(2) dt.15-07-2020 3/3 conditions laid down under section 438(2) of the Code of Criminal Procedure.

Shashi (Prabhat Kumar Singh, J) U T