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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34900 of 2023 Arising Out of PS. Case No.-146 Year-2023 Thana- ARA NAGAR District- Bhojpur ====================================================== SONU KUMAR GUPTA @ SONU KUMAR S/O SANJAY SAH R/O Village- Bahawatpur, P.S- Ara Town, Distt.- Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nandani Gupta D/O late Suresh Gupta R/O Village- Mirganj, P.S- Ara Nagar, Distt.- Bhojpur.

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

For the Petitioner/s :

Mr.Md. Helal Ahmad, Adv.

For the Opposite Party/s :

Mr.Amitesh Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 3⁄4 of Dowry Prohibition Act.

3. The prosecution case, in brief, is that the marriage of the informant's sister was fixed with this petitioner and ring ceremony was performed on 24.04.2022. After a few days, petitioner started demanding four wheeler vehicle as dowry and when the demand has not fulfilled, he threatened informant's sister that he would not marry with her, if his demand was not fulfilled and finally he broke up the marriage.

Patna High Court CR. MISC. No.34900 of 2023(3) dt.01-08-2023 2/3

3. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The whole prosecution case is false and concocted. It is further submitted that during engagement it was decided between both the parties that 50% of expenditure shall be borne by each party. As such, Rs. 20,000/- was paid by the petitioner side on 24.04.2022 to the account of Dipu Kumar, who is brother of informant. Since, only Rs. 40,000/- was expended in engagement ceremony, out of which 20,000/- has been paid by the petitioner. He further submits that petitioner is ready to pay Rs. 20,000/- more to the informant side. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, 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

Patna High Court CR. MISC. No.34900 of 2023(3) dt.01-08-2023 3/3 sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Ara Town P.S. Case No. 146 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. However, learned Court below will accept the bail bond of the petitioner after showing the receipt of payment of Rs. 20,000/- to the informant side in addition to earlier payment made by the petitioner.

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