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Patna High CourtCR. MISC./37187/2021bail granted

Bechu Gupta @ Vijay Gupta @ Vijay Kumar Gupta v. The State Of Bihar

2021-09-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37187 of 2021 Arising Out of PS. Case No.-18 Year-2020 Thana- MAHILA P.S District- West Champaran ====================================================== BECHU GUPTA @ VIJAY GUPTA @ VIJAY KUMAR GUPTA Son of Kedar Sah Resident of Village - Khalwapatti, P.S.- Dhanaha, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Zainul Abedin For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-09-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of bail in a case registered for the offence punishable under section 498A/34 of the Indian Penal Code and section 3/ 4 of the Dowry Prohibition Act. Allegation against this petitioner is of committing torture on the informant due to non-fulfillment of dowry. It is submitted on behalf of petitioner that petitioner has not committed any torture for demand of dowry. It is further submitted that informant was married with this petitioner and thereafter, they are enjoying their conjugal life happily in matrimonial house but after long time, there was change in the attitude of the informant and thereafter, she lodged the present case with false allegation. It is further submitted that petitioner is ready to keep the informant with full honour and dignity. Petitioner is in custody since 03.10.2020.

Patna High Court CR. MISC. No.37187 of 2021(3) dt.28-09-2021 2/2 Learned counsel for the State opposes the prayer for bail. Considering the period of custody, this bail application is allowed. Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate, Bagaha, West Champaran in Bagaha Mahila P.S. Case no. 18/2020 on the following conditions.

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) s.hassan/- U T