Amit Gupta @ Amit Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34361 of 2022 Arising Out of PS. Case No.-608 Year-2021 Thana- MASHRAK District- Saran ====================================================== AMIT GUPTA @ AMIT KUMAR GUPTA Son of Munna Sah @ Shashikant Gupta R/o Village - Bahuara (Gandaman), P.S.- Mashrakh, District - Saran ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sindhu Gupta Wife of Amit Kumar Gupta D/o Motilal Gupta, Presently residing at Village - Chahpura Sadhwara, P.S.- Isuapur, District - Saran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harsh Singh, Adv.

For the State :

Mr. Binod Kumar No. 3, A.P.P.

For the Opposite Party No.2:

Mr. Ajay Kumar Singh No. 1, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-12-2023 Heard learned counsel for the parties.

2. Learned counsel for the petitioner has filed a supplementary affidavit in the Court. Let it be kept on record.

3. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A) and 313 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

4. Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

5. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.34361 of 2022(8) dt.19-12-2023 2/3 petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182.

6. In that view of the matter, 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.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Mashrakh P.S. Case No. 608 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

7. Petitioner is ready to pay Rs.3,000/- (Rupees Three Thousand) per month to opposite party no.2 in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

Patna High Court CR. MISC. No.34361 of 2022(8) dt.19-12-2023 3/3

8. It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

9. Learned counsel for the opposite party no.2 is directed to make available the bank account details of opposite party no.2 within a period of two weeks by submitting affidavit of the same before the learned Court Below.

10. If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

11. Accordingly, this application stands disposed of.

(Anjani Kumar Sharan, J) anand/- U T