Allowed

Gupteshwar Mahto @ Gupteshwar Mehto v. State of Bihar and Anr.

Patna HC30 Oct 2023CR. MISC./20978/2023

Case brief

AI extract

What is this about?

The High Court at Patna granted anticipatory bail to the petitioner in a matrimonial dispute involving dowry demand and related offences under the IPC and Dowry Prohibition Act, directing surrender within six weeks subject to bond conditions.

What did the court decide?

Released on bail subject to surrender within six weeks, furnishing a bond of Rs.25,000 with two sureties of the like amount to the satisfaction of the learned Court below.

Gupteshwar Mahto @ Gupteshwar Mehto Vs State of Bihar… — Matrimonial and Divorce | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20978 of 2023

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Arising Out of PS. Case No.-482 Year-2014 Thana- SASARAM NAGAR District- Rohtas

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====================================================== GUPTESHWAR MAHTO @ GUPTESHWAR MEHTO S/O LATE KUWAR MAHTO Resident of village- Patluka, P.S.- Tilauthu, District- Rohtas.

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Versus

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STATE OF BIHAR

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CHAMPA DEVI W/O GUPTESHWER MAHTO Resident of villagePatluka, P.S.- Tilauthu, District- Rohtas and Presently residing at w/o Ram Pravesh Singh Resident of Village- Shivpur, P.S.- Tilauthu, District- Rohtas.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Nawal Kishor Singh, Advocate For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 30-10-2023

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Heard learned counsel for the petitioner and learned APP for the State.

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Vide order dated 19.05.2023, notice was issued to opposite party no.2 and as per the office report, the same has been validly served upon her but none is present on her behalf.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 323, 498A and 379/34 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act.

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Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her

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Patna High Court CR. MISC. No.20978 of 2023(3) dt.30-10-2023 2/3

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matrimonial home in association of his family members over the dowry demand.

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It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. 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 .

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In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Tilauthu P.S. Case No.482 of 2014, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

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

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Patna High Court CR. MISC. No.20978 of 2023(3) dt.30-10-2023 3/3

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purpose of reconciliation or for one time settlement.

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Accordingly, this application stands disposed of.

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(Anjani Kumar Sharan, J)

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Trivedi/-

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U T

Gupteshwar Mahto @ Gupteshwar Mehto v. State of Bihar and Anr.

Case brief

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Gupteshwar Mahto @ Gupteshwar Mehto v. State of Bihar and Anr.

Case brief

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What did the court decide?

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