Patna High CourtCR. MISC./86973/2019bail granted

Deep Chandra Gupta v. The State Of Bihar

2021-09-23Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86973 of 2019 Arising Out of PS. Case No.-29 Year-2019 Thana- MAHILA P.S. District- Bhojpur ====================================================== DEEP CHANDRA GUPTA Son of Late Mohan Lal Gupta Resident of Village - Gola Bazar Chunar, P.S.- Chunar, District - Mirzapur (U.P.) ... ... Petitioner/s

Versus

The State of Bihar 2.

Prity Kumari Daughter of Rajendra Prasad Resident of Nehru Nagar Vishwakarma Hata, P.S.- Ara Nagar, District - Bhojpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Usha Kumari Singh For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-09-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode. None appears on behalf of O.P. No. 2 The petitioner is apprehending his arrest in a case registered under Sections 498A, 379, 504, 506/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.86973 of 2019(3) dt.23-09-2021 2/3 petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned S.D.J.M., Ara in connection with Mahila P.S. Case No. 29/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the

Patna High Court CR. MISC. No.86973 of 2019(3) dt.23-09-2021 3/3 matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Sudhir Singh, J) Pankaj/- U T