Jitendra Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 5361 of 2023 Arising Out of PS. Case No.-822 Year-2021 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Jitendra Gupta S/o Bishwanath Sah @ Vishwanath R/o Vill. - Agrawa Bhuliya, P.S.- Tarya Sujan, Distt- Kushinagar (U.P.). ... ... Petitioner

Versus

1.

The State of Bihar 2.

Sony Devi W/o Jitendra Gupta, D/o Yogendra Sah R/o Village- Gopalpur, Mahuawan, P.S.- Kateya, Distt- Gopalganj.

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

For the Petitioner :

Mr. Shubhesh Pandey, Advocate For the State :

Mr. Md. Mushtaque Alam, APP For the OP No. 2 :

Mr. Dharamveer, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner, learned counsel for O.P. No. 2 and learned APP for the State. The petitioner in the present case is seeking pre-arrest bail in connection with Complaint case No.- 822 of 2021 registered for the offences punishable under Section 498 (A) of the Indian Penal Code. He has got no criminal antecedent. Learned counsel for the petitioner submits that the allegation is that the petitioner and his family members tortured the informant for non-fulfillment of demand of dowry. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner is ready to keep his wife in her matrimonial home with full dignity and care.

Patna High Court CR. MISC. No. 5361 of 2023(2) dt.16-05-2023 2/3 Learned counsel for O.P. No. 2 submits that she will go back to her matrimonial home and will live with her husband.

Having regard to the facts and circumstances of the case, nature of dispute and the willingness shown by both the parties to live together, this Court directs that the petitioner above named in the event of his arrest or surrender within a period of four weeks from today be provisionally released on bail for a period of six months from today in connection with Complaint Case No. 822 of 2021 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Gopalganj, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. During this period, the petitioner will take back his

Patna High Court CR. MISC. No. 5361 of 2023(2) dt.16-05-2023 3/3 wife (O.P. No. 2) with her daughter to his matrimonial home and shall keep her with full dignity and care. After being satisfied with his conduct, after a period of six months, the learned court below shall confirm the bail of the petitioner. Learned counsel for the petitioner has submitted that the petitioner will go to the place of the O.P. No. 2 to take her back with her daughter but in case the O.P. No. 2 does not turn up, in such circumstance, it should be left open to the petitioner to approach learned court below with appropriate information. This Court observes that in such circumstance, he will bring this to the notice of the concerned jurisdictional Magistrate who will inquire into the matter through the Jurisdictional Police Station and in case the information of the petitioner is correct, no adverse view shall be taken against his conduct.

The application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) SUSHMA2/- U T