Om Prakash Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71257 of 2021 Arising Out of PS. Case No.-1635 Year-2015 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== OM PRAKASH GUPTA S/o Chhotelal Sah Resident of Village - Raghunathpur, P.O. Panditpur, P.S. Pahadpur, District - East Champaran at Motihari.

... ... Petitioner/s

Versus

THE STATE OF BIHAR AND ANOTHER ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Dwivedi For the Opposite Party/s :

Mr. Manish Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned counsel for the informant.

The petitioner apprehends his arrest in connection with Complaint Case No. 1635 of 2015, registered for offence punishable under Section 498 (A) of the Indian Penal Code. As per allegation, the informant was married to the petitioner in the year 2012 according to Hindu rites and customs. The petitioner and his family members demanded Rs. 5,000/- cash, golden chain from the informant and her family members and due to non-fulfillment of the demand, they tortured her and on 13.11.2013, they ousted her from her

Patna High Court CR. MISC. No.71257 of 2021(4) dt.28-09-2022 2/3 matrimonial house.

The learned counsel for the petitioner has submitted that the petitioner is ready to keep the victim with full dignity and honour.

Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Gopalganj in connection with Complaint Case No. 1635 of 2015 subject to condition as laid down under section 438(2) Cr. P.C. Both the parties are directed to appear before the learned trial court. The learned trial court by taking recourse of local Mediation Centre shall take every endeavor to get the matter be reconciled. If it comes to the notice of the learned court below that the informant is reluctant in restoring the conjugal life, the bail bond of the petitioner shall be confirmed and if due to reluctance and apathy of the petitioner, there is hindrance in restoration of conjugal life, the learned court below will be at liberty to pass any appropriate order as it thinks fit and proper.

Patna High Court CR. MISC. No.71257 of 2021(4) dt.28-09-2022 3/3 Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Nirmal/Mahesh U T