Om Prakash Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22726 of 2023 Arising Out of Case No.-56 Year-2022 ROHTAS COMPLAINT CASE District- Rohtas ====================================================== OM PRAKASH GUPTA SON OF LATE VINAY SAH RESIDENT OF VILLAGE KORI, PS DINARA , DIST ROHTAS ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SANGETA KUMARI WIFE OF OM PRAKASH GUPTA RESIDENT OF VILLAGE- KORI, PS- DINARA , DISTT- ROHTAS ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kumar Mishra For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2023 Heard learned counsels for the petitioner and learned A.P.P. for the State. Despite valid service of notice no one appears on behalf of O.P. No.2.

2. The petitioner is apprehending his arrest in connection with a case registered for the offence punishable under Sections 498(A) of the I.P.C.

3. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry.

4. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner is the

Patna High Court CR. MISC. No.22726 of 2023(4) dt.20-09-2023 2/2 husband of the victim and he is ready to keep his wife 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.

5. Learned counsel for the State opposes the prayer for anticipatory bail.

6. Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, 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 Judicial Magistrate, 1st class, Bikramganj, Rohtas in connection with Complaint case No. 56/ 2022, subject to conditions laid down u/s 438(2) of the Cr. P. C.

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