Vijendra Prasad Gupta @ Bijendra Gupta @ Vijendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25675 of 2019 Arising Out of PS. Case No.-181 Year-2018 Thana- MAHILA P.S. District- Patna ====================================================== Vijendra Prasad Gupta @ Bijendra Gupta @ Vijendra Prasad, aged about 43 years (Male), Son of late Baijnath Sao, resident of Mohalla- Sipara Matkhana, P.S.- Beur, District- Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Babita Kumari, Advocate For the Opposite Party :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 22-04-2019 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. In this case, the petitioner is seeking anticipatory bail in connection with Mahila (Phulwari) P.S. Case No. 181 of 2018, registered for the offence under Sections 498(A), 307, 494, 120(B) and 328/34 of the Indian Penal Code. As per the F.I.R. the marriage of the informant was solemnized with the petitioner in the year 1996. After the marriage, the petitioner used to come to her parents house for three years, but later on, there was no meeting at all. It has also been alleged that on 13.06.2018, the informant could identify the petitioner in a bus stand, after identification, the petitioner was contemplating to assault the victim, but the local people saved her, inasmuch as, the informant had gone to her husbands home and tried to impress upon him of relationship, but instead

Patna High Court CR. MISC. No.25675 of 2019(2) dt.22-04-2019 2/2 of entering into the reconciliation, the family members of the petitioner started quarreling with the informant and in that process they have altercated and also hurled abuses. Learned counsel for the petitioner submits that the marriage was solemnized in the year 1996 and the present case has been lodged in the year 2018 and during that period there was no relationship between the petitioner and informant as husband and wife.

Looking to the entire facts and circumstances of the case, let the above-named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Patna, in connection with Mahila (Phulwari) P.S. Case no. 181 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. However, the trial Court is directed to expedite the trial as early as possible. (Shivaji Pandey, J) pawan/- U T