Gautam Kumar Gupta @ Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3327 of 2024 Arising Out of PS. Case No.-454 Year-2021 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== GAUTAM KUMAR GUPTA @ GAUTAM KUMAR son of -late AWDHESH SAO RESIDENT OF VILLAGE- SINDURIYA, P.O.-RAMPUR, P.S.- BARUN, DISTRICT- AURANGABAD ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SUKANYA KUMARI WIFE OF GAUTAM KUMAR @ GAUTAM KUMAR GUPTA , DAUGHTER OF - VAKIL GUPTA, RESIDENT OF VILLAGE- MOHANIYA, WARD NO. 14, P.S.- MOHANIYA, DISTRICT KAIMUR, BHABHUA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yogesh Kumar For the Opposite Party/s :

Mr. Kanhiya Kishor ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-07-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 341, 498A, 504, 406 and 34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act.

3. The petitioner and the O.P. No. 2 were directed to remain physically present along with their respective learned counsels by order dated 11.07.2024.

4. The petitioner, in compliance of the order dated 11.07.2024, is present but no one appears on behalf of the O.P

Patna High Court CR. MISC. No.3327 of 2024(5) dt.22-07-2024 2/3 No. 2 nor the O.P. No. 2 is present in the Court.

5. The petitioner who is present in the Court submits that when his anticipatory bail application was taken up for consideration before the learned District Court, there also a submission was made that he intends to keep the O.P. No. 2 with honour and dignity, but then for reasons best known, the O.P. No. 2 is not willing to accompany him.

6. Today, when the case is taken up, the petitioner again reiterates his stand that he intends to revive his conjugal relationship. It absolutely does not stand to reason that as to why the learned counsel appearing on behalf of the O.P. No. 2 is not even present in the Court when the case is taken up. It appears that O.P. No. 2 does not intend to revive her conjugal relationship.

7. The petitioner, at this stage, submits that the moment, the O.P. No. 2 is ready to accompany him, he will go and fetch her.

8. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.3327 of 2024(5) dt.22-07-2024 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 454 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T