Patna High CourtCR. MISC./54871/2016bail granted

Manoj Kumar Gupta v. State Of Bihar And ANR

2017-03-29Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54871 of 2016 Arising Out of PS.Case No. -266 Year- 2015 Thana -BUXAR COMPLAINT CASE DistrictBUXAR ======================================================

1. Manoj Kumar Gupta, son of Shiv Prasad Gupta, R/o village - Revatipur, P.S. Revatipur, Distt. - Gajipur (U.P.) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ranju Gupta, w/o Manoj Kumar Gupta, D/o Rama Shankar Gupta, R/o village - Khrahna, P.S. Itarhi, Distt. Buxar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Dr. Kamal Deo Sharma, Advocate For the Opposite Party/s : Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 29-03-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Complaint Case No.266-C of 2015 instituted for the offence under Section(s) 498-A Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Notice was issued to the Opposite Party No.2 but the same was returned with report that she is not residing at the given address.

It has been submitted on behalf of the petitioner that the victim girl has already performed second marriage and in support of such submission the petitioner has filed Supplementary Affidavit stating therein that the victim has

Patna High Court Cr.Misc. No.54871 of 2016 (5) dt.29-03-2017 2/2 performed second marriage with Sanjay Gupta, son of Ram Pyare Gupta, resident of village-Chausa Railway Station, Post-Chausa, P.S.-Buxar, district- Buxar, on 22.01.2017 and presently she is residing at Buxar. Local Mukhiya of Chousa Panchayat has also granted certificate dated 16.03.2017 in this respect which has been annexed at Annxure-4 to the Supplementary Affidavit. This is a case under Section 498-A Indian Penal Code and as per the Supplementary Affidavit the victim herself has performed second marriage.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Complaint Case No.266-C of 2015, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, subject to the conditions as laid down under Section 438(2) Cr. P. C.

(Sanjay Priya, J) JA/- U T