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Patna High CourtCR. MISC./42404/2024bail granted

Dilip Gupta v. The State Of Bihar

2024-12-17Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42404 of 2024 Arising Out of PS. Case No.-537 Year-2023 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== Dilip Gupta Son of Chhaibar Sah R/O Vill.- Sikandarpur, P.S.- Chainpur, Dist.- Kaimur at Bhabua ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Anita Devi W/O Dilip Gupta D/O Ramashankar Sah R/O Vill.- Sikandarpur, P.S.- Chainpur, Dist.- Kaimur at Bhabua. At Present R/O Vill.- Nandgaon, P.S.- Chainpur, Dist.- Kaimur at Bhabua ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Parwej Khan, Adv.

For the Opposite Party/s :

Mr.Parmanand Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner is apprehending his arrest in connection with Complaint Case No. 537 of 2023 registered for the alleged offences under Section 498(A) of the Indian Penal Code.

03. As per prosecution case, petitioner is the husband of opposite party no. 2 and there is allegation of demand of dowry and torture related to this demand. Further allegation against the petitioner is that of solemnizing another marriage.

04. Learned counsel for the petitioner submits that the matter was referred to the mediation centre and the same has been

Patna High Court CR. MISC. No.42404 of 2024(4) dt.17-12-2024 2/3 settled and the complainant/opposite party no. 2 has started living with her husband in her matrimonial home and nothing remains in the matter.

05. Learned A.P.P. for the State though opposing the submission made on behalf of the learned counsel for the petitioner however concedes that the matter has been compromised as it appears from the report of the learned mediator.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the compromise between the parties leading to restitution of conjugal relationship, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of Court of learned J.M.F.C, Kaimur at Bhabhua in connection with Complaint Case No. 537 of 2023, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date

Patna High Court CR. MISC. No.42404 of 2024(4) dt.17-12-2024 3/3 fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) anuradha/- U T