Mangru Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35261 of 2024 Arising Out of PS. Case No.-102 Year-2023 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== Mangru Gupta son of Ramvilas Sah Village- Nuaw Ps- Nuaw Dist- Kaimur Bhabua ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jay Shree Devi D/o- Tarkeshwar Sah Village- Dumraon Ps- Dumraon DistBuxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Ms. Dimpal Kumari, Advocate For the State :

Mr. Ajay Kumar Jha, APP For the O.P.No.2 :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State. Despite valid service of notice, nobody appears on behalf of opposite party no. 2.

2. The petitioner, husband of the opposite party no. 2, apprehends his arrest in a complaint case punishable for the offence under Sections 323, 498A, 504, 34 of the Indian Penal Code and Section 3 & 4 of the Dowry Prohibition Act.

3. Allegation against petitioner is of matrimonial cruelty and demand of dowry.

4. While denying the allegations made in the complaint petition, learned counsel for the petitioner submits that petitioner has been falsely implicated in this case merely because he happens to be husband of opposite party no. 2. He

Patna High Court CR. MISC. No.35261 of 2024(5) dt.26-09-2024 2/2 never demanded any dowry or committed torture with opposite party no. 2 or and is still ready to keep the opposite party no. 2 with full honour and dignity. Learned counsel for the petitioner further submits that petitioner has also filed Matrimonial Case No. 309 of 2022 before the concerned Family Court for restitution of conjugal right. Moreover, the case is triable by the learned Magistrate. The petitioner has further 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.

5. Considering the aforesaid facts and circumstances, in the event of arrest or surrender within a period of eight weeks from today, let this petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st, Buxar in connection with Complaint Case No. 102(C) of 2023, subject to the conditions, as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T