Madhab Prasad Gupta v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.691 of 2015 Arising Out of PS.Case No. -2426 Year- 2013 Thana -COMPLAINT CASE District- ARRARIA ====================================================== Madhab Prasad Gupta, Son of Jai Shankar Gupta, R/o Village - Banmankhi Shiksha Nagar, P.S. Banmankhi, District - Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rina Devi @ Babli, daughter of Dinanath Gupta, resident of Village - baseti, P.S. Bounsi, District Araria.

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

For the Petitioner/s :

For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-01-2015 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 2426 of 2013 for the offences under Section 498A and other sections of the Indian Penal Code.

The complainant, wife of the petitioner, made allegation that she was married to the petitioner on 05.05.2011 but, thereafter, her husband and other in-laws subjected her to all sorts of physical and mental torture.

Learned counsel for the petitioner submits that the petitioner never demanded any dowry. His wife is of erratic behaviour and she does not want to live with the petitioner although the petitioner is ready to keep his wife with all honour and dignity.

Patna High Court Cr.Misc. No.691 of 2015 (2) dt.08-01-2015 2/2 It appears that within two years of her marriage, the wife made allegation against her husband that he put her to different sorts of physical and mental torture. The petitioner has already expressed his view before the learned Sessions Judge that there is no scope of compromise.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer is rejected.

The petitioner is directed to surrender in the court below within four weeks from today in connection with Complaint Case No. 2426 of 2013, pending in the court of the learned Judicial Magistrate 1st Class, Ararai, and make prayer for regular bail. The court below shall consider the prayer for regular bail of the petitioner without being prejudiced by this order. (Prabhat Kumar Jha, J) Dilip/- U T