Srikant Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28016 of 2023 Arising Out of PS. Case No.-74 Year-2022 Thana- MAHILA P.S. District- Patna ====================================================== SRIKANT GUPTA S/O GAJENDRA SAH Resident of Village- Jurawanpur, Barari, P.S.- Jurawanpur, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

NISHA RAJ D/O JAY PRAKASH SAH Resident of I.T.I. P.O. and P.S.- Digha, District- Patna.

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

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 498(A), 313, 379, 387, 307, 323 of the Indian Penal Code, 3⁄4 of Dowry Prohibition Act and 27 of the Arms Act as also Cyber Act/IT Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There

Patna High Court CR. MISC. No.28016 of 2023(2) dt.24-06-2023 2/3 is no medical examination report in support of the offence under Sections-307 & 313 of the IPC. Except the offence under Sections 307, 313 of the Indian Penal Code, rest offences are triable by the Magistrate. It is further submitted that the matter has already been reconciled between the parties. The copy of the said compromise petition has been filed. Let the same be kept on record. The petitioner has 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.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Patna Mahila P.S. Case No. 74 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The petitioner is directed to co-operate during the

Patna High Court CR. MISC. No.28016 of 2023(2) dt.24-06-2023 3/3 trial. If the petitioner does not co-operate during the trial, the Court below will be at liberty to cancel the bail bonds of the petitioner.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement. In case, any such application is made by either of the parties, the Court below shall refer the matter to the District Mediation Centre. (Sudhir Singh, J) A.K.V.//- U T