Sonu Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31316 of 2022 Arising Out of PS. Case No.-17 Year-2021 Thana- MAHILA P.S. District- Rohtas ====================================================== SONU KUMAR GUPTA S/o Rajendra Sah Resident of Village- Samahuta Pipra (Madan Rai Ke), P.s.- Kargahar, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Nirasha Devi D/o Soni Kumar Gupta Resident of Village- Morojhiya, P.s.- Nasriganj, District- Rohtas.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Pandey,Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-01-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.

The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 17 of 2021 for the offence registered under Sections 341, 323, 498(A) and 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. As per the prosecution story, informant alleged that she got married to the petitioner in 2014 but was tortured for want of dowry. The further allegation is that earlier a complaint was filed in Mahila Police Station in which after compromise, she was taken to the in-laws house but once again she was assaulted. Left with no remedy, the present FIR was lodged.

Patna High Court CR. MISC. No.31316 of 2022(4) dt.09-01-2023 2/3 Learned counsel for the petitioner submits that he has already preferred case under Section 9 of the Hindu Marriage Act before the concerned Court and is ready to keep his wife with full dignity.

It is his further submission that till any order is passed by the concerned Court, he is ready to pay Rs. 10,000/- per month in the bank account of his wife beginning from January, 2023 which will be merged with any order passed by Matrimonial Court.

Learned counsel for the informant on the other hand, submits that he will be providing the bank account number of the lady to the petitioner.

Taking into account the fair submissions made by the both the learned counsel for the parties and the petitioner do not have any criminal antecedent, this Court is inclined to grant him relief subject to payment of Rs. 10,000/- per month beginning January, 2023 which will be paid by 10th of every month failing which the informant will be eligible to take appropriate steps against the petitioner including the cancellation of the order passed.

Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the

Patna High Court CR. MISC. No.31316 of 2022(4) dt.09-01-2023 3/3 order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Sasaram in connection with Mahila P.S. Case No. 17 of 2021 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Jagdish/Neha/- U T