Abhishek Kumar Gupta @ Abhishek Gupta v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5159 of 2018 Arising Out of PS.Case No. -2722 Year- 2016 Thana -SARAN COMPLAINT CASE DistrictSARAN ======================================================

1. Abhishek Kumar Gupta @ Abhishek Gupta, Son of Ram Nagina Prasad, Resident of Village- Dhangarha, P.S.- Baniyapur, District- Saran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Nisha Devi, W/o Abhishek Kumar Gupta, D/o Motilal Sah, At present residing at Pandey Chapra, P.S.- Rasulpur, District- Saran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-03-2018 Heard learned counsel for the petitioner and learned APP for the State as also counsel appearing for opposite party No. 2. The petitioner is apprehending his arrest in a case registered under Section-498A of the Indian Penal Code.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that he is husband of complainant. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has relied upon the

Patna High Court Cr.Misc. No.5159 of 2018 (4) dt.16-03-2018 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.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XII, Saran at Chapra in connection with Complaint Case No. 2722 of 2016 corresponding to Trial No. 1756 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T