Manish Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31469 of 2021 Arising Out of PS. Case No.-268 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== MANISH PRASAD GUPTA Son of Ramgya Prasad Resident of VillageChakia Kesariya Road, P.S.- Chakia, District- East Champran. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

POOJA DEVI Daughter of Vinod Prasad Resident of Village- Mirpur, P.S.- Chiraiya, District- East Champaran.

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Complaint Case No. C-268 of 2018 instituted for the offence under Section 498 of the Indian Penal Code and Section 3⁄4 of DP Act.

As per allegation in the FIR, petitioner along with his family members have tortured in various ways due to nonfulfillment dowry demand and finally he ousted her after snatching her belongings.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.31469 of 2021(3) dt.22-02-2022 2/3 has submitted that petitioner is husband of the complainant. He has never demanded any thing from the complainant. Petitioner is ready to keep his wife with full honour and dignity and wants to lead the conjugal life.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Complaint Case No C-268 of 2018, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C. If the complainant wishes to live with the petitioner, she will file a petition before learned Court below. On receiving such a petition, the Court below shall issue notice to the petitioner, when it is expected from the petitioner to comply the undertaking given before this Court to keep the complainant as

Patna High Court CR. MISC. No.31469 of 2021(3) dt.22-02-2022 3/3 wife with full dignity and honour.

(Sunil Kumar Panwar, J) sushma/- U