Deepak Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28292 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- MAHILA PS District- Katihar ====================================================== Deepak Gupta Son of Ambika Gupta Resident of Durga Asthan, Colony No.- 2, P.S.- Nagar, District- Katihar ... Petitioner

Versus

1.

The State Of Bihar 2.

Sweety Kumari Sah D/O- Subodh Prasad Sah Resident of Lal Kothi Road, Katihar, P.S.- Nagar, District- Katihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Sanjeev Kumar Singh, Advocate For the State :

Mr.Uday Pratap Singh, Addl Public Prosecutor For the opp.party no.2 : Mr. Bhola Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-09-2019 Heard learned counsel for the petitioner, the State as well as opposite party no.2.

Petitioner, being husband of the victim, apprehends his arrest in a case registered for the offence under sections 498A/307/379 and other allied sections of the IPC as well as under sections 3⁄4 of the D. P. Act.

Petitioner is alleged to have assaulted opposite party no.2, who happens to be his wife, soon after the marriage in 2016 demanding cash dowry as also motorcycle, ornaments, etc. He finally ousted her from his house.

Learned counsel appearing for the petitioner submits that the allegations levelled against the petitioner are false. However, he is ready to keep opposite party no.2 with safety

Patna High Court CR. MISC. No.28292 of 2019(5) dt.09-09-2019 2/2 and dignity.

Learned counsel representing opposite party no.2 raises finger on the conduct of the petitioner stating that this Court vide order dated 22.7.2019 had directed the parties to appear before the Mediation Center on 1.8.2019, but in spite of granting three indulgences, the petitioner never appeared before it for resolving the differences on the false ground of illness. He further submits that there is allegation against the petitioner that he repeatedly demanded dowry from the parents of opposite party no.2 and on account of their being incapable of fulfilling his demand, she was assaulted and ousted from her matrimonial house.

In the facts and circumstances of the case as well as in view of nature of allegation, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail within a period of six weeks from today, which would be disposed of on its own merit without prejudice.

Shashi (Prabhat Kumar Singh, J) U T