Devashish Gautam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34015 of 2022 Arising Out of PS. Case No.-57 Year-2021 Thana- MAHILA P.S. District- Purnia ====================================================== DEVASHISH GAUTAM SON OF BASHUDEO MEHTA RESIDENT OF VILLAGE- SANT KABIR NAGAR, P.S.- K. HAT, DISTRICT- PURNEA. ... ... Petitioner
Versus
1.
THE STATE OF BIHAR 2.
LOVELY KUMARI DAUGHTER OF MANOJ MEHTA RESIDENT OF VILLAGE- GOKULPUR, P.S.- K. NAGAR, DISTRICT- PURNEA ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar Agrawal For the Opposite Party/s :
Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-11-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned APP for the State.
The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 57 of 2021, registered for the offences punishable under Sections 341, 323, 498A, 504, 506/34 of the Indian Penal Code and 3/4 of D.P. Act.
Learned counsel for the petitioner has submitted that the petitioner is husband of Lovely Kumari. She made allegation against the petitioner and his family members of inflicting atrocities due to non-fulfillment of demand of dowry.
Learned counsel further submits that the entire dispute
Patna High Court CR. MISC. No.34015 of 2022(4) dt.16-11-2022 2/2 between the parties have been resolved. The husband and wife filed a case for divorce under Section 13 B of the Hindu Marriage Act for a decree of divorce on the basis of mutual consent. He has also submitted that the Maintenance Case No. 205 of 2021 filed by the informant has been withdrawn. Learned counsel has also submitted that first motion in respect of divorce petition has been completed. Learned counsel for the petitioner has also submitted that the case under Section 13 B of the Hindu Marriage Act was filed on 2nd March, 2022 and none of the parties as yet has withdrawn his/her consent.
Considering the fact that both the parties have resolved their disputes, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory 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, Purnea in connection with Mahila P.S. Case No. 57 of 2021, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T