Anand Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30367 of 2019 Arising Out of PS. Case No.-1375 Year-2018 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== ANAND KUMAR GUPTA Son of Birendra Prasad Gupta Resident of Village - Nuaow, P.S.- Nuaow, District- Kaimur (Bhabua) ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Susma Kumari Gupta Wife of Anand Kumar Gupta, D/O- Mewalal Resident of Village - Nuaow, P.S.- Nuaow, District- Kaimur (Bhabua), Presently, Resident of Village - Darauli, P.S.- Ramgadh, District- Kaimur (Bhabhua) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar For the State :

Mr.Nitya Nand Tiwary, APP For the Informant Mr. Rajesh Kr. Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-10-2021 Heard the learned counsel for the petitioner and learned counsel for the informant.

The petitioner apprehends his arrest for the offences alleged under Sections 498A of the Indian Penal Code as well as Section 4 of the Dowry Prohibition Act, registered in connection with Complaint Case No.1375 of 2018. The opposite party no.2, Sushma Kuari Gupta lodged a complaint against the petitioner and in-laws for nonfulfilment of dowry demand. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.30367 of 2019(9) dt.26-10-2021 2/3 he is ready to keep the victim with full dignity and honour The process of mediation was also taken up by this Court. The petitioner was ready to keep the victim at his native village, but the victim wants to reside at his place of posting. Learned counsel for the petitioner now submits that he is ready to keep his wife at his place of posting. Learned counsel for opposite party no.2 has opposed the prayer for bail by submitting that the petitioner is evading and he is not taking opposite party no.2 to his place of posting on one pretext or another.

As the learned counsel for the petitioner is submitting that the petitioner is ready to keep the victim at his place of posting, as such, let the petitioner above-named, in the event of his arrest or surrender within weeks four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Complaint Case No.1375 of 2018, subject to the conditions as laid down under Section 438(2) Cr. P.C. with additional condition that if he refuses or any evasion is made by him in keeping the victim or taking the victim to his place of posting, the court below will

Patna High Court CR. MISC. No.30367 of 2019(9) dt.26-10-2021 3/3 be at liberty to cancel his bail bonds. Opposite party no.2 is directed to co-operate with the mediation proceeding. (Nawneet Kumar Pandey, J) HR/- U T