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Patna High CourtCR. MISC./46523/2019bail granted

Ajay Kumar Gupta v. The State Of Bihar

2019-10-25Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46523 of 2019 Arising Out of PS. Case No.-85 Year-2018 Thana- KATIHAR COMPLAINT CASE DistrictKatihar ====================================================== AJAY KUMAR GUPTA Son of Kamlesh Prasad Gupta @ Kamlesh Kumar Gupta Resident of Gulabbagh (Gadiwan Tola), Ward No. 37, P.S.- Purnea (Sadar), Distt - Purnea.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Ajanta Devi @ Rubi Wife of Ajay Kumar Gupta, D/o Late Jai Prakash Sah Resident of Durgapur, Bania Tola, Katihar, P.S.- Katihar Sadar, Distt - Katihar.

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

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-10-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 85 of 2018, disclosing offences under Sections 323, 324, 379, 504, 498(A)/34 of the Indian Penal Code.

Petitioner happens to be husband of the complainant and allegation against him is of subjecting the complainant to torture with respect to demand of dowry and also of assaulting her.

Submission of learned counsel for the petitioner is that all the allegations are false and concocted and he is still ready to keep her with full honour and dignity and in the court

Patna High Court CR. MISC. No.46523 of 2019(6) dt.25-10-2019 2/2 below also, petitioner has made such submission but the complainant was not ready to reside with the petitioner. Heard learned A.P.P. as well as learned counsel for the complainant. They have opposed the prayer for anticipatory bail of the petitioner.

Having heard both sides, considering the facts and circumstances, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Katihar, in connection with Complaint Case No. 85 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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