Ajay Kumar Gupta v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.47029 of 2016 (4) dt.08-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47029 of 2016 Arising Out of PS.Case No. -3384 Year- 2012 Thana -SARAN COMPLAINT CASE DistrictSARAN ====================================================== Ajay Kumar Gupta, Son of Sri Gulchand Prasad, Resident of VillageKachnar, P.S. - Revelganj, District- Saran at Chapra .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sunita Devi, Wife of Sri Ajay Kumar Gupta, Daughter of Ram dyal Sah, resident of village- Kachnar, P.S.- Revelganj, District- Saran at Chapra. Presently residing at village- Samhauta, P.S. Kopa, Distrct- Saran at Chapra. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jeetendra Narayan, Advocate. For the Opposite Party/s : Mr. Sri S. Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 3384 of 2012 registered under Section 498A of the Indian Penal Code.

The accusation is of torturing of complainant by her husband and in-laws due to non-fulfillment of demand of dowry and to remove her from matrimonial house.

Learned counsel for the petitioner submits that, in fact, due to ill behaviour of the complainant, petitioner filed the Divorce Case No. 49 of 2012, on 18.02.2012, in the court of

Patna High Court Cr.Misc. No.47029 of 2016 (4) dt.08-02-2017 Principal Judge, Family Court, Saran at Chapra and after knowing about the case, the complainant, who is the wife of the petitioner, filed present case on 03.10.2012 only to give undue pressure. Having regard to the facts and circumstances of the case, let the above named petitioner be released on 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 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Saran at Chapra, in connection with Complaint Case No. 3384 of 2012, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T