Avinash Gupta @ Aveenash Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28604 of 2024 Arising Out of PS. Case No.-942 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== Avinash Gupta @ Aveenash Gupta SON OF SURESH KUMAR GUPTA RESIDENT OF VILLAGE- NARKATIYAGANJ PURANI BAZAR, WARD NO. 10, PS- SHIKARPUR, DIST- WEST CHAMPARAN ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sarvesh Kashyap, A.P.P.

For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2024

1. Heard learned counsel for the petitioner, Mr. Chandra Bhushan Prasad learned A.P.P. for the State and learned counsel appearing on behalf of the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 376, 313, 341, 323, 504 and 506/34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

4. The informant alleges that she is a widow and has two children but the petitioner, being aware of the said fact, has been establishing physical relation on pretext of marriage for the last ten years, on account of which she became pregnant on several occasions but the petitioner got the pregnancy aborted by giving medicine, but again she became pregnant and refused

Patna High Court CR. MISC. No.28604 of 2024(3) dt.23-08-2024 2/2 to abort the child and when she asked the petitioner to marry the petitioner and his family members refused and even abused and assaulted her.

5. At this stage, Mr. Vidyapatti learned counsel appearing on behalf of the informant submits that he has instruction not to oppose the anticipatory bail application of the petitioner.

6. Considering the submission made by the learned counsel appearing on behalf of the informant, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Shikarpur P.S. Case No. 942 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T