Omprakash Gupta v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34635 of 2017 Arising Out of PS. Case No.-1384 Year-2015 Thana- PURNIA COMPLAINT CASE District- Purnia ====================================================== Omprakash Gupta Aged about 36 Years, Son of Hiralal Sah, R/o VillageDumri, P.S.- Tikapatti, District- Purnia. ... ... Petitioner/s

Versus

1.

The State of Bihar .

2.

Madhukunj Devi @ Guriya Devi, W/o Om Prakash Gupta, R/o Parvati Hata Informant of Del..Hotel, P.S.- K. Hat Sahayak, District- Purnia. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binoy Kumar Singh For the Opposite Party/s :

Mr. MD. ARIF ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-08-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State of Bihar. This application, for grant of anticipatory bail, arises out of Complaint Case No. 1384 of 2015, disclosing offence under Section 498A of the Indian Penal Code.

The petitioner is the husband of the complainant. The matrimonial discord appears to be the root cause of filing of the complaint petition.

Learned Counsel for the petitioner submits that he is ready to keep the Opposite Party No. 2 with full love and dignity. There is no reason for this Court to feel that if granted anticipatory bail, the petitioner shall flee from the course of

Patna High Court Cr.Misc. No.34635 of 2017(2) dt.11-08-2017 2/2 trial.

Considering the nature of accusation and submission advanced on behalf of the petitioner, this application is allowed. Let the petitioner, Omprakash Gupta, in the event of his arrest or surrender before the Court below within a period of six weeks from today, be released 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 Sub Divisional Judicial Magistrate, Purnea, in connection with Complaint Case No. 1384 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure, 1973. This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court below on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Prabhakar Anand/- U √ T √