Sanjay Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20106 of 2023 Arising Out of PS. Case No.-66 Year-2022 Thana- JAMHOR District- Aurangabad ====================================================== Sanjay Kumar Gupta S/O Late Hiralal Gupta R/O Village And P.S- Jamhore, Distt.- Aurangabad.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sushma Gupta D/O Late Sitaram Sao R/O Village- Araura, P.S- Deo, Distt.- Aurangabad.

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-06-2023 Heard counsel for the parties.

The petitioner is apprehending his arrest in connection with Jamhore PS Case No. 66 of 2022 for the offence registered under Section 498(A) and other allied sections of the Indian Penal Code.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the informant due to non-fulfillment of demand of dowry.

It is submitted that petitioner has falsely been implicated in the present case due to petty family dispute. There is general and omnibus allegation of demand of dowry and commission of assault against the petitioner. Petitioner is ready

Patna High Court CR. MISC. No.20106 of 2023(2) dt.24-06-2023 2/2 to keep his wife (informant) with full honour and dignity. There is no allegation of tampering with the witnesses alleged against the petitioner. 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. Petitioner has got clean antecedent.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, abovenamed, in the event of his arrest/ surrender within a period of six weeks from today shall 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 Additional Chief Judicial Magistrate III, Aurangabad in connection with Jamhore PS Case No. 66 of 2022, subject to conditions laid down u/s 438(2) of the Cr. P. C.

(Prabhat Kumar Singh, J) vinita/- U T