IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10200 of 2022

Arising Out of PS. Case No.-39 Year-2021 Thana- MAHILA P.S. District- Banka

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Goutam Gupta @ Goutam Kumar Das Son of Kapildev Das @ Kapildev

Gupta @ Kapil Gupta Resident of Village - Baunsi, P.S.- Baunsi, Distt.-

Banka.

... ... Petitioner/s

Versus

1.

The State of Bihar

2.

Pinki Devi W/o Goutam Gupta @ Goutam Kumar Das , D/o Narayan Prasad

Gupta Resident of Village - Chhoti Bharat Shila, P.s.- Shambhuganj, Distt.-

Banka.

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Md. Nurul Hoda

For the Opposite Party/s :

Mr. Ramesh Chandra, APP

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA

ORAL ORDER

2

09-06-2022

Heard learned counsel appearing on behalf of the

petitioner and learned counsel appearing on behalf of the State.

Let the defect(s), if any, be removed within two weeks

of the complete start of the physical Court in normal course.

The petitioner seeks bail in connection with Banka

(Mahila) P.S. Case No. 39 of 2021 registered for the offence

under Sections 498 (A) and 34 of the Indian Penal Code and

Patna High Court CR. MISC. No.10200 of 2022(2) dt.09-06-2022

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Section ¾ of the Dowry Prohibition Act.

The accused/petitioner is named in the F.I.R. and is in

custody since 26.11.2021.

The allegation against the petitioner, who is the

husband of the informant, is to commit cruelty by raising the

demand of dowry and finally ousted the informant/wife from

matrimonial home.

Learned counsel appearing on behalf of the petitioner

submitted that despite all the best efforts to settle the issue,

petitioner failed to arrive over any settlement with the

informant. It has further been submitted that the petitioner is

willing to keep the informant in her matrimonial home with all

love and dignity. This submission is supported by the averments

as set out in paragraph no.9 of the bail petition, which is duly

supported by affidavit.

Learned APP appearing on behalf of the State fairly

requested that some conditions be imposed which either may

help to conciliate the matter between the parties or to save the

informant/wife from facing destitution.

Considering the facts and circumstances as mentioned

above, as petitioner is willing to keep the informant/wife

alongwith him and further considering the period of cutstody, let

Patna High Court CR. MISC. No.10200 of 2022(2) dt.09-06-2022

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the petitioner, above named, is directed to be released on bail

in connection with Banka (Mahila) P.S. Case No. 39 of 2021 on

furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

two sureties of the like amount each to the satisfaction of

learned Sub Divisional Judicial Magistrate, Banka, subject to

the following conditions:

“(i) The Trial Court, on appearance

of petitioner, ensures the presence of

informant to conciliate the matter and if the

parties failed to settle their differences, in

that event, petitioner shall pay Rs.5,000/-

(Rupees Five Thousand) per month to the

informant/wife, to be paid in her bank

account positively on or before seventh (7th)

day of every English calendar month till the

final order of maintenance under Section 125

of Cr.P.C., passed by Family Court of

competent jurisdiction.

(ii) If the petitioner failed to pay

the maintenance amount of Rs. 5,000/-

(Rupees Five Thousand) as mentioned

above, for more than two consecutive

Patna High Court CR. MISC. No.10200 of 2022(2) dt.09-06-2022

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months starting from the month of June,

2022, the Trial Court shall be at liberty to

cancel the bail bond of the petitioner.

Ankit/-

(Chandra Shekhar Jha, J)

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