Sunil Kumar Gupta @ Sunil Kumar Vaishya v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30071 of 2015 Arising Out of PS.Case No. -863 Year- 2013 Thana -BUXAR COMPLAINT CASE DistrictBUXAR ====================================================== Sunil Kumar Gupta @ Sunil Kumar Vaishya, son of late Vishambhar Prasad Gupta, R/o. Mohalla/village- Sarimpur, Mathiya, Police StationBuxar (T), District-Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar,

2. Punam Devi, wife of Sunil Kumar Gupta and daughter of late Gupteshwar Sah, residential of village/Mohalla- Raghunathpur, P.S. Brahampur, District- Buxar.

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

For the Petitioner/s : Mr. Rang Nath Choubey, Advocate. For the Opposite Party/s : Mr. Bharat Lal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-07-2015 The petitioner is apprehending his arrest in connection with Complaint Case No. 863(C) of 2013 for the offences instituted under Sections 498(A) and 323 of the I.P.C.

Heard learned counsel for the petitioner and learned counsel for the State.

Prosecution case, in short, is that complainant has married with petitioner about eight years ago. After sometimes complainant's husband has made illicit relation with one Manisha Khatoon. When her husband came to village he has tortured her. A compromise has taken place between the parties but a few days again dispute arose and the petitioner made mar-pit and ousted her. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. It is further submitted that the

Patna High Court Cr.Misc. No.30071 of 2015 (2) dt.29-07-2015 2/2 petitioner is ready to keep the informant but the same is not acceptable to her. It is further submitted that the petitioner is ready to deposit an amount of Rs. 1500/- per month in the court below which may be released in favour of the informant.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs. 1500/- per month in the court below which shall be released in favour of the informant-complainant and on doing so, let the petitioner above named, 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 in connection with Complaint Case No. 863 (C) of 2013 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Buxar, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Mkr./- U