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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57938 of 2022 Arising Out of PS. Case No.-304 Year-2020 Thana- SANGRAMPUR District- East Champaran ====================================================== PRAMOD KUMAR GUPTA @ PRAMOD GUPTA Son of Jay Prakash Gupta Resident of village - Sangrampur, P.S.- Sangrampur, District - East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Archana Devi Daughter of Shatrudhan Prasad Resident of village - Olaha Bajar, P.S.- Harsidhi, District - East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Braj Kishore Pd.(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-04-2023 O.P. No.2 received the notice personally but refused to put signature on goshwara.

In that view of the matter, service of notice on O.P. No.2 is treated to be validly served.

Heard learned counsels for the petitioner and learned A.P.P. for the State. Nobody appears on behalf of O.P. No.2. The petitioner is apprehending his arrest in connection with Sangrampur PS Case No. 304 of 2020 for the offence registered under Sections 498(A), 308, 324 and some other ancillary Sections of the I.P.C.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to non-

Patna High Court CR. MISC. No.57938 of 2022(4) dt.24-04-2023 2/3 fulfilment of demand of dowry.

It has been submitted by learned counsel for the petitioner that the petitioner has has falsely been implicated in the present case due to petty family dispute. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is the husband of the victim. The case is triable by the Magistrate. The petitioner has further 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. Petitioner has got clean antecedent.

On behalf of the learned counsels for the State and, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall 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 Judicial Magistrate, 1st class, East Champaran, Motihari in connection with Sangrampur PS case No. 304/ 2020, subject to conditions laid down u/s

Patna High Court CR. MISC. No.57938 of 2022(4) dt.24-04-2023 3/3 438(2) of the Cr. P. C.

(Prabhat Kumar Singh, J) BKS/- U T