Vikash Chandra Gupta v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80706 of 2018 Arising Out of PS. Case No.-21 Year-2018 Thana- MAHILA P.S. District- Rohtas ====================================================== Vikash Chandra Gupta son of Late Bhup Narayan Gupta, Resident of VillageNauli, P.S.- Sohwal, District- Gazipur U.P. At present resident of Mohalla - Ganesh Nagar Pando Nagar near Hanuman Mandir, Priya Photo Studio, Upper side of Raju Jee Bartan shop, House no. A/57, Near Akshar Dham Metro Station, New Delhi, Pin No. 110092. ... ... Petitioner/s

Versus

1. State Of Bihar

2. Kiran Devi daughter of Shri Din Dayal Gupta, Resident of Mohalla- Biran Bigha, Trindi Swami Ashram, Ward no. 28, P.S. - Dehri, District- Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Rajani Kant Singh, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-02-2019 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Rohtas Mahila P.S. Case No.21 of 2018 registered under Sections 498A, 323, 504, 406 and 506/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. It is contended by the learned counsel for the petitioner that the entire allegations made in the first information report are baseless. The petitioner has always treated the informant in a respectable manner, but she is insisting that the petitioner must seek partition from the other co-parceners to which he is not ready as a result of which she

Patna High Court Cr.Misc. No.80706 of 2018(2) dt.11-02-2019 2/2 has left the matrimonial home and instituted the instant case. On the other hand, learned counsel for the informant submitted that the elder brother of the petitioner and his wife always interfere in the matrimonial life of the informant and the petitioner never pays any heed to the complaint made by the informant in this regard. She submitted that the petitioner has never kept the informant with honour and dignity in her matrimonial home and no part of allegation made in the first information report is false and frivolous.

Be that as it may, considering the nature of allegation and pleas advanced before the Court, in the event of arrest or surrender before the court below, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Dehri, Rohtas in connection with Rohtas Mahila P.S. Case No.21 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md. S/- U T