Madhuranjan Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71828 of 2021 Arising Out of PS. Case No.-159 Year-2021 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== MADHURANJAN GUPTA, Son of Sri Dinanath Sah, Resident of Village - Kundwa Chainpur, P.S. - Kundwa Chainpur, District - East Champaran. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

Neha Kumari, wife of Madhuranjan Gupta, Resident of Village & P.S. - Kundwa Chainpur, District - East Champaran, At Present, daughter of Sri Pradeep Kumar, Resident of Village - Koirgawan, P.S. - Jitna, District - East Champaran.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Umesh Chandra Verma, Advocate For the State :

Mr. Rajendra Prasad Nat, APP For Opp. Party No. 2 :

Mr. Mdhurendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioners seek anticipatory bail in connection with Kundwa Chainpur P.S. Case No. 159 of 2021 registered for the offences under Sections 498-A, 341, 323/34 of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act.

Learned counsel for the petitioner and learned counsel for the opposite party no.2 jointly submit that both the parties are ready to live together as husband and wife.

Patna High Court CR. MISC. No.71828 of 2021(2) dt.04-02-2022 2/3 In such view of the matter, the petitioner is directed to visit his sasural and take opposite party no.2 with him before 18.02.2022 and thereafter both the parties will file an application in the Court below that they have amicably settled their disputes and they are staying together. The petitioner will also provide a separate mobile phone and mobile number to opposite party no.2 from which she can talk to her parents as and when she desires.

On filing of the aforesaid application by both the parties in the Court below, the Court below will release the petitioner on provisional bail for a period of three months on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sikrahana at Dhaka, East Champaran, in connection with Kundwa Chainpur P.S. Case No. 159 of 2021 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

After completion of three months, the petitioner and opposite party no.2 will again appear before the learned Court below. The Court below will verify the conduct of petitioner and opposite party no.2 and thereafter take a decision

Patna High Court CR. MISC. No.71828 of 2021(2) dt.04-02-2022 3/3 either to confirm the provisional bail of the petitioner or to cancell the same in the facts of the case.

Till filling of the application by both the parties in the Court below, the petitioner shall not be arrested in connection with aforesaid case.

With the aforesaid observations and directions, this bail petition is allowed.

(Sandeep Kumar, J) pawan/- U T