Allowed

Dilip Kumar Gupta @ Dilip Kumar v. the State of Bihar and Anr.

Patna HC9 Jul 2019CR. MISC./9267/2019

Case brief

AI extract

What is this about?

An oral order granting anticipatory bail to a petitioner accused of Section 498A IPC and Section 4 Dowry Prohibition Act. The court directed surrender within six weeks, bail amount, and cooperation in a pending family maintenance matter.

What did the court decide?

Petitioner to surrender within six weeks and be released on bail of Rs.25,000 with sureties, subject to cooperating in the maintenance case.

Dilip Kumar Gupta @ Dilip Kumar Vs the State of Bihar and Anr. — Dowry and Cruelty | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9267 of 2019

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Arising Out of PS. Case No.-1871 Year-2016 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur

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======================================================

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Dilip Kumar Gupta @ Dilip Kumar, S/o Late Bhagule Ram Sah, Resident of Village- Rampur Mathura, P.S.- Rampur Mathura, District- Sitapur, StateUttar Pradesh.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Anjali Gupta, Wife of Dilip Kumar Gupta, Daughter of Pramod Sah, Resident of Village- Kashipur, Tajpur Road, P.S.-Town, District- Samastipur.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Jagjit Roshan For the Opposite Party/s : Mr. Nand Kishore Prasad ======================================================

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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5 09-07-2019

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This is an application for grant of anticipatory bail in connection with Complaint Case No. 1871 of 2016, Trial No. 2532 of 2018, disclosing offences under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

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Allegation against the petitioner is of demand of four wheeler and due to non-fulfillment of the same, he assaulted the informant and later on ousted her from the house.

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Submission of the learned counsel for the petitioner is that the whole allegation is false and concocted. He is still ready to keep her with dignity and care and further earlier he has filed a case under Section 9 of Hindu Marriage Act for restitution of conjugal rights and that has been decided in favour of the petitioner by an ex-parte order, which will appear from the

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Patna High Court CR. MISC. No.9267 of 2019(5) dt.09-07-2019 2/3

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Annexure 3 of this application.

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Heard learned A.P.P. as well as learned counsel for the opposite party no.2 also, they have opposed the prayer for anticipatory bail on the ground that she was subjected to cruelty and harassment and as such, it is not possible to reside with him. However, she has not been paid any single penny towards maintenance, though she is residing in her Maika. She has filed a Maintenance Case No. 5119 of 2019, which is pending before the Principal Judge, Family Court, Samastipur.

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Having heard both sides, considering the above submission, as made above, this application is allowed. Let the petitioner, above named, surrender before the court below within six weeks, and on his surrender, he will be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned S.D.J.M. Samastipur, in connection with Complaint Case No.1871 of 2016, Trial No. 2532 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition that he is to cooperate in disposal of the maintenance case and appear as and when required and further he will be abide by any order either interim or final, passed by the learned Family Court.

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Patna High Court CR. MISC. No.9267 of 2019(5) dt.09-07-2019 3/3

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It is also made clear that one of the bailors should be

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the local person.

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(Vinod Kumar Sinha, J)

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Sunil Shukla/-

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U T

Dilip Kumar Gupta @ Dilip Kumar v. the State of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Dilip Kumar Gupta @ Dilip Kumar v. the State of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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