Guddu Das @ Guddu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19571 of 2023 Arising Out of PS. Case No.-39 Year-2021 Thana- BUNIYAD GANJ District- Gaya ====================================================== Guddu Das @ Guddu Kumar S/O Munna Das @ Munna Ravi R/O Vill.- Manpur, Durga Asthan, P.S.- Manpur, Distt.- Gaya. ... ... Petitioner
Versus
1.
The State Of Bihar 2.
Munni Devi W/O Guddu Das R/O Manpur Durga Asthan, Chamar Toli, P.SBuniyadganj, Distt.- Gaya. ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr.Syed Asgher Najmi, Advocate For the Opposite Party/s :
Mr.Mritunjay Kumar Nirala, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-10-2024 Heard learned counsel for the petitioner and the State. Despite valid service of notice, nobody appears for opposite party no.2.
2. Petitioner apprehends arrest in a case registered for the offence punishable under section 498A of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act.
3. As per the prosecution case, petitioner along with other family members committed torture on opposite party no.2 due to non-fulfilment of dowry demand and ousted her from the matrimonial house.
4. Learned counsel appearing for the petitioner, while denying the allegations, submits that the petitioner has falsely been implicated in this case because he is husband of the victim. However, he is ready to keep the victim in matrimonial house with honour and dignity. The case is triable by the Magistrate. The petitioner has further 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.
Patna High Court CR. MISC. No.19571 of 2023(6) dt.07-10-2024 2/2
5. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let this petitioner, as named above, be enlarged 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 Divisional Judicial Magistrate, Gaya in Buniyadganj Police Station Case No. 39 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T