Ajay Kumar Gupta @ Ajay Gupta @ Ajay Amin Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17183 of 2025 Arising Out of PS. Case No.-279 Year-2021 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== Ajay Kumar Gupta @ Ajay Gupta @ Ajay Amin Gupta Son of Amin Gupta @ Amin Vishwanath Gupta Resident of D/5/36 Awas Flat Janta Nagar Road Ghatlodia, Pasis Nagar Society, P.S. - Sabarmaly, District - Ahmadabad (Gujrat) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sunita Devi Wife of Ajay Kumar Gupta @ Ajay Gupta @ Ajay Amin Gupta, Daughter of Mohan Sah Resident of Village - Ahirauli, P.S. - Buxar Industrial, District - Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Ravi Shankar Pathak, Advocate For the State :

Mr. Nityanand, APP For Opposite Party No.2 :

Ms. Kumari Priyanka, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-07-2025 Heard learned counsel appearing on behalf of the petitioner, learned A.P.P. appearing on behalf of the State and learned counsel appearing on behalf of Opposite Party No. 2. 2.

The petitioner, husband of the complainant/Opposite Party No. 2, apprehends his arrest in a complaint case registered for the offence punishable under Sections 323 and 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3.

As per prosecution case, marriage of complainant/Opposite Party No. 2 was solemnized with this

Patna High Court CR. MISC. No.17183 of 2025(3) dt.02-07-2025 2/3 petitioner on 29.06.2019. It is alleged that thereafter, all the accused persons, including this petitioner, started demanding dowry and due to non-fulfillment of demand of dowry, daughter of informant was subjected to cruelty and harassment.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner denies the allegations made in the F.I.R.. He never committed torture upon complainant/Opposite Party No. 2 or demanded any dowry. However, the petitioner undertakes to give Rs. 3,000/- (three thousand rupees) per month by way of temporary relief/solace, starting from this month, to the complainant/Opposite Party No.

2. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State and learned counsel appearing on behalf of the complainant/Opposite Party No. 2 have vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give temporary relief/solace of Rs. 3,000/- (three thousand rupees) per month to the complainant/Opposite Party No. 2, in the event of arrest/surrender within a period of eight weeks from today, let the petitioner, above-named, be enlarged on bail on furnishing

Patna High Court CR. MISC. No.17183 of 2025(3) dt.02-07-2025 3/3 bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Buxar in connection with Complaint Case No. 279(C) of 2021, subject to condition as laid down under Section 482(2) of the B.N.S.S. with further following conditions:

"(A.) The complainant/Opposite Party No. 2 would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner.

(B.) Petitioner would deposit the aforesaid aforesaid amount per month in the saving bank account of the complainant/Opposite Party No. 2.

(C.) In case, the petitioner fails to deposit the aforesaid amount for two consecutive months, the court below would be at liberty to cancel the bail bond. (D.) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise." (Prabhat Kumar Singh, J) shashank/- U T