Ashish Kumar Gupta @ Ashish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57728 of 2022 Arising Out of PS. Case No.-23 Year-2022 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== ASHISH KUMAR GUPTA @ ASHISH S/O JAGDISH PRASAD GUPTA Resident of K-20/ 146-A, Rajmandir Gay Ghat Varansi, P.S.- Kotwali, District- Varansi, at present C.V.U. Apartment Chira Bazar, Marin Line Mumbai.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SNEHLATA KUMAR W/O ASHISH KUMAR GUPTA, D/O NARAD SAH Resident of K-20/ 146-A, Rajmandir Gay Ghat Varansi, P.S.- Kotwali, District- Varansi, At present reside at G.T. Road Mohania, Ward No- 7, P.S.- Mohaniya, District- Kaimur at Bhabua ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate.

For the Opposite Party/s :

Mr. Manoj Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-02-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 23 of 2022 registered for the offences punishable under Sections 498 A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

As per the prosecution case, the marriage of the

Patna High Court CR. MISC. No.57728 of 2022(3) dt.17-02-2023 2/3 complainant was solemnized with the petitioner as per Hindu rites and custom and after marriage the complainant went to her susral. The petitioner and other co-accused persons started torturing the complainant mentally and physically due to nonfulfillment of demand of dowry. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. No such occurrence as alleged has ever taken place. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. Learned counsel further submitted that as per mediation report the matter was finally settled between the parties on 18.01.2023 in which it is mentioned that the petitioner Ashish Kumar Gupta @ Ashish gave Rs. 21,00,000/- to the opposite party no.

2, Snehlata Kumari as full and final settlement. Learned A.P.P. for the State has fairly submitted that both the parties have agreed that all the civil and criminal cases between the parties shall be finally disposed of. Both the parties have also agreed that they shall file a divorce case on the basis of mutual consent.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on

Patna High Court CR. MISC. No.57728 of 2022(3) dt.17-02-2023 3/3 furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Kaimur at Bhabua in connection with Complaint Case No. 23 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J) shakir/- U T