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Patna High CourtCR. MISC./21696/2023bail granted

Vinod Prasad Gupta @ Vinod Kumar Gupata v. The State Of Bihar

2023-05-19Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21696 of 2023 Arising Out of PS. Case No.-155 Year-2022 Thana- MANPUR District- West Champaran ====================================================== VINOD PRASAD GUPTA @ VINOD KUMAR GUPATA SON OF YADAVLAL PRASAD RESIDENT OF VILLAGE - CHAKARSAN, P.O. - CHAUHATTA, P.S. - MANPUR, DISTT. - WEST CHAMPARAN ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SARITA DEVI WIFE OF VINOD PRASAD GUPTA, D/O BUDHAN SAH RESIDENT OF VILLAGE - CHAKARSAN, P.O. - CHAUHATTA, P.S. - MANPUR, DISTT. - WEST CHAMPARAN, AT PRESENT RESIDENT OF VILLAGE - BHIKHAMPUR PIPRA, P.O.- LANGARI, P.S. - LANGARI, DISTT. - PARSA (NEPAL) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341, 323, 354, 498(A), 504, 506/34 and other allied sections of the Indian Penal Code and sections 3 & 4 of the Dowry Prohibition Act.

As per the prosecution case, petitioner along with other family members committed torture on the informant due to non-fulfilment of dowry demand.

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.

Patna High Court CR. MISC. No.21696 of 2023(2) dt.19-05-2023 2/2 However, he is ready to keep the victim 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. Petitioner has got clean antecedent.

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 learned Additional Chief Judicial Magistrate-1st, Bettiah, West Champaran in connection with Manpur Police Station Case No. 155 of 2022 subject to the conditions laid down under section 438 of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Alok Verma/- U T