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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51265 of 2023 Arising Out of PS. Case No.-151 Year-2019 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Rajnish Gupta @ Rajnish Kumar Gupta Son Of Shrinivash Sah Resident Of Village- Dandwadih (BADDI), Ps- Baddi, Distt- Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anjali Devi @ Chanhdrawati Devi Wife Of Rajnish Gupta @ Rajnish Kumar Gupta Resident Of Village- Baradhi Gola, Po And Ps- Akodhi Gola, Distt- Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kuber Pathak, Adv For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 406/34of the Indian Penal Code and section 3⁄4 of Dowry Prohibition Act.

3. Petitioner, who is husband of opposite party no.2, is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry

Patna High Court CR. MISC. No.51265 of 2023(4) dt.10-01-2024 2/3 demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182.

5. However, the petitioner is ready to give Rs.3,000.00 (Rupees Three Thousand) per month to opposite party no.2 in first week of every month. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding. If the petitioner fails to give the aforesaid amount on two consecutive dates to opposite party no.2, his bail bond shall automatically be cancelled.

6. Learned cousnel for the opposite party no. 2 under instruction, submits that opposite party no. 2 undertakes to provide her bank account details to the petitioner within a period of two weeks by submitting the same on affidavit before the learned court below.

7. In that view of the matter, let the above named petitioner, be released on anticipatory 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

Patna High Court CR. MISC. No.51265 of 2023(4) dt.10-01-2024 3/3 Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No.151 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

8. If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement. (Anjani Kumar Sharan, J) N.K/- U T