Baijnath Gupta @ Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2108 of 2020 Arising Out of PS. Case No.-47 Year-2019 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== BAIJNATH GUPTA @ GUDDU Son of Late Judawan Saw Resident of Village- Tapkara Road, Vishnu Bagan, Jaspur Nagar, P.S.- Jashpur, DistrictJashpur, State- Chhatishgarh. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Manju Gupta Daughter of Lalan Prasad Resident of Village- Kochus War No. -7, P.S.- Kochus, District- Rohtas (Bihar). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Kumar, Advocate.

For the State :

Mr.Satya Nand Shukla, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-09-2020 This matter has been taken up through Video Conferencing.

Heard learned counsel for the petitioner and learned APP for the State. No one appears for opposite party no.2.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 498A, 323, 498, 420 and 406 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

Petitioner is husband of opposite party no.2.

Patna High Court CR. MISC. No.2108 of 2020(6) dt.10-09-2020 2/3 Allegation is of demand of dowry and torture for the same. Learned counsel for the petitioner submits that after decree in divorce case, the present case has been filed. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on provisional bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Complaint Case No. 47 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without permission of the trial Court.

The Court below shall call for the parties for

Patna High Court CR. MISC. No.2108 of 2020(6) dt.10-09-2020 3/3 settlement of dispute and shall pass necessary order according to law.

Accordingly, this application stands disposed of. (Birendra Kumar, J) mantreshwar/- U T