Dr. Kanhaiya Lal Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48445 of 2018 Arising Out of PS. Case No.-32 Year-2018 Thana- MAHILA P.S. District- Bhagalpur ====================================================== Dr. Kanhaiya Lal Gupta S/o Late Nageshwar Prasad Gupta, R/o Vill.- Madhurampur, Narayanpur, P.S.- Bhawanipur, District- Bhagalpur. At present R/o Mohalla- Nageshwar ortho Trauma Centre, Radha Rani Sinha Road, Adampur, P.S.- Kotwali, (Jogsar), District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. N.K. Agrawal, Sr. Advocate Mr. Pravin Kumar Sinha, Advocate For the State :

Smt Indu Kumari Srivastava, APP For the Informant :

Mr. Sanjay Singh, Advocate Mr. Lokesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-08-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case registered under Sections 498A, 341, 323, 307, 504, 506/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture and assault upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.07.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has

Patna High Court Cr.Misc. No.48445 of 2018(2) dt.08-08-2018 2/2 falsely been implicated in the present case due to petty family dispute. 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.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Bhagalpur in connection with Mahila P.S. case No.32 of 2018.

(Sudhir Singh, J) Narendra/- U T