Manoj Kumar Gupta @ Manoj Kr. Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27189 of 2021 Arising Out of PS. Case No.-33 Year-2020 Thana- MAHILA PS District- Gopalganj ====================================================== 1.

MANOJ KUMAR GUPTA @ MANOJ KR. GUPTA Son of Rajaram Gupta. Resident of Village- Kotwa, P.S.- Kateya, District- Gopalganj. 2.

Rajram Gupta Son of Late Rajdeo Sah Resident of Village- Kotwa, P.S.- Kateya, District- Gopalganj.

3.

Priyanka Devi Wife of Manoj Kumar Gupta @ Manoj Kr. Gupta. Resident of Village- Kotwa, P.S.- Kateya, District- Gopalganj. 4.

Munna Gupta @ Munna Kr. Gupta Son of Late Tribeni Gupta Resident of Village- Bandhaura Mishra, P.S.- Vijaipur, District- Gopalganj 5.

Geeta Devi Wife of Munna Kr. Gupta @ Munna Gupta R/o VillageBandhaura Mishra, P.S.- Vijaipur, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-07-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioners are apprehending their arrest in a case registered under Sections 341, 342, 323, 498A, 420, 406, 504, 506/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Patna High Court CR. MISC. No.27189 of 2021(2) dt.12-07-2021 2/3 Allegation against the petitioners is of committing torture upon the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioner no. 1 is brother-in-law, petitioner no. 2 is father-in-law, petitioner no. 3 is sister-in-law, petitioner no. 4 is nandosi, petitioner no. 5 is sister-in-law (nanad), of the victim. They have falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioners have 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.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances and also the lockdown, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned

Patna High Court CR. MISC. No.27189 of 2021(2) dt.12-07-2021 3/3 S.D.J.M., Gopalganj in connection with Gopalganj (Mahila) P.S. Case No. 33 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T