Avinash Kumar Gupta @ Avinash Kr. Gupta @ Abinash Kr. Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59546 of 2018 Arising Out of PS. Case No.-24 Year-2018 Thana- MAHILA PS District- Katihar ====================================================== Avinash Kumar Gupta @ Avinash Kr. Gupta @ Abinash Kr. Gupta S/o Anil Pd. Gupta Resident of Village- Gerabari, Falka Road, P.S. Korha, Distt. Katihar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mira Kumari For the Opposite Party/s :

Mr. Nawal Kishore Prasad For the informant :

Mr. Sanjeev Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-10-2018 Heard learned counsel for the petitioner, learned APP for the State as well as counsel for the informant. The petitioner seeks bail in Mahila P. S. Case No. 24 of 2018 instituted for the offence under Section(s) 498A, 323, 342, 313, 379 and 341 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

Petitioner is the husband of the informant.

It is alleged that informant was tortured by this petitioner after the marriage. The marriage was solemnized 9 years ago. The informant suffered miscarriage three times due to such assault.

Learned counsel for the petitioner has submitted that no paper of miscarriage was produced by the informant before

Patna High Court Cr.Misc. No.59546 of 2018(3) dt.29-10-2018 2/2 the police which will be apparent from para 27 of the case diary.

Learned counsel for the informant has submitted that he has document in support of such allegation. But, in the case diary, there is no mention that those documents were produced before the police.

The petitioner is in custody since 30.7.2018. Considering the aforesaid, let the petitioner, above named, be released 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 S.D.J.M. Katihar, in connection with Mahila P. S. Case No. 24 of 2018 subject to the condition that both the bailers shall be the close relative of the petitioner. (Sanjay Priya, J) shyambihari/- U T