Sanjay Kumar @ Sanjeet Kumar Gupta v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60821 of 2018 Arising Out of PS. Case No.-434 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Sanjay Kumar @ Sanjeet Kumar Gupta S/o Surendra Prasad, R/o Vill.- Jhanda Chowk, P.S.- Barbigha, Distt.- Sheikhpura. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Anjani Gupta @ Mamta Devi W/o Sanjay Kumar @ Sanjeet Gupta, D/o Rampravesh Halwai, R/o Vill.- Badhna, P.O.- Barh, P.S.- Barh, DistrictPatna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajiv Ranjan Kr. Pandey, Adv.

For the State :

Mr. Anil Kumar, APP For the Informant :

Mr. Shashwat, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-04-2019 This is an application for grant of anticipatory bail in connection with Rohtas Complaint Case No. 434(C) of 2017, disclosing offences under Section 323, 341, 504, 498(A), 406, 307, 120(B) of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Allegation against the petitioner is of subjecting his wife to cruelty with respect to demand. It further appears that the matter was referred to the Mediation Center vide order dated 20.12.2018 and the report of the Mediation Center is available at Flag 'M', which shows that in spite of best and sincere efforts, the the mediation could not be succeed.

Submission of learned counsel for the petitioner is that he has filed a divorce petition against the opposite party no.2 as

Patna High Court CR. MISC. No.60821 of 2018(4) dt.08-04-2019 2/2 she was suffering from Aids.

Heard learned A.P.P. as well as learned counsel for the complainant, they have opposed the prayer for anticipatory bail of the petitioner on the ground that Aids has been transmitted from the petitioner to opposite party no.2.

It appears from the impugned order that the petitioner is paying Rs.4,000/- per month to the opposite party no.2 as interim maintenance.

Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with a direction to the petitioner to surrender before the court below within a period of six weeks and on surrender he will be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of court concerned with the condition that he will continue to pay Rs.4,000/- per month to the opposite party no.2 and failure to pay in three consecutive installments, the opposite party no.2 shall be at liberty to move for cancellation of the bail bonds of the petitioner.

(Vinod Kumar Sinha, J) Amjad/- U T