Surjit Kumar Gautam @ Surjeet Kumar Gautam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6998 of 2017 Arising Out of PS.Case No. -162 Year- 2016 Thana -BEUR District- PATNA ====================================================== Surjit Kumar Gautam @ Surjeet Kumar Gautam Son of Sri Ram Bilash Paswan Resident of Mohalla- Sri Krishna Vihar Colony, P.S. Beur, Dist.- Patna.

.... .... Petitioner

Versus

1. The State of Bihar

2. Sweety Supriya daughter of Sri Shyam Nandan Paswan Resident of Village-Motipur, P.S.-Naubatpur, Dist.-Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Prithivi Raj Singh, Advocate. For the Opposite Parties : Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-05-2017 Heard the learned counsel for the petitioner, the learned A.P.P. for the State as also the learned counsel for the Informant.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Beur P.S. Case No. 162 of 2016 for the offences punishable under section 498 A of the I.P.C and section 3⁄4 of the Dowry Prohibition Act. The informant Sweety Supriya was married to the petitioner on 22.04.2015 and after marriage the petitioner and others started demanding cash of Rs. 6,00,000/- and a Bolero vehicle and due to non fulfillment of demand of dowry the petitioner and others used to assault her and when the informant went to her in-laws house on 23.06.2016 the accused persons did

Patna High Court Cr.Misc. No.6998 of 2017 (6) dt.18-05-2017 2/2 not allow her to live in the in-laws house. The petitioner and others used to assault and torture her.

Submission is of false implication and that the petitioner is not being liked by the informant and the independent witnesses have not supported the prosecution case and as such the petitioner deserves sympathetic consideration. The learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for pre-arrest bail of the petitioner by submitting that the informant is ready to live with the petitioner but the petitioner is refusing to live with her and the petitioner and others have assaulted and tortured the informant in various ways due to non fulfillment of demand of dowry. In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, I am not inclined to grant privilege of pre-arrest bail to him and accordingly his such prayer stands rejected in connection with the aforementioned case pending in the court of Smt. Savita Rani, J.M. 1st Class, Patna.

(Jitendra Mohan Sharma, J) Abhay/- U T