Sanjeev Kr. Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53153 of 2019 Arising Out of PS. Case No.-583 Year-2018 Thana- COMPLAINT CASE District- Banka ====================================================== Sanjeev Kr. Gupta, Aged about 31 years, Male, Son of Late Harihar Sah, Resident of Nirsa High School Road, Dhanbad, P.S. Nirsa, District Dhanbad (Jharkhand).

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Juhi Bharti, Aged about 30 years, Female, Wife of Sanjiv Kumar Gupta, D/o Ram Shankar Prasad Sah, Resident of Village Katoriya, P.S. Katoria, District Banka.

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-08-2019 Heard both sides.

Petitioner apprehends his arrest in Complaint Case No.583 of 2018 for the offences allegedly committed by the petitioner under Sections 498A, 323 and 34 of the Indian Penal Code.

Complainant is the wife of the petitioner and the complainant alleged that her husband subjected her to all sorts of torture due to non-fulfillment of additional demand of dowry. Learned counsel for the petitioner submits that the complainant was married to the petitioner in the year 2012. The complainant left the house of the petitioner without any rhyme or reason with her children. When the complainant did not come to

Patna High Court CR. MISC. No.53153 of 2019(2) dt.26-08-2019 2/2 the house of the petitioner even after much persuasion, the petitioner filed Matrimonial Suit No.139 of 2018 under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. The complainant got notice and thereafter she filed the complaint case. It is further submitted that the petitioner is still ready to keep his wife but the wife of the petitioner did not agree.

Taking into consideration the facts that the petitioner filed suit for restitution of conjugal rights prior to institution of the present case and the petitioner is still ready to keep his wife with all honour and dignity but his wife did not agree to accompany the petitioner, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be enlarged 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 learned A.C.J.M., Banka in connection with Complaint Case No.583 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) S.KUMAR/- U T