Allowed

Rajesh Kumar @ Rajesh Gupta v. The State of Bihar

Patna HC6 Sept 2023CR. MISC./46763/2023

Case brief

AI extract

What is this about?

The High Court at Patna, in an oral order, granted anticipatory bail to the petitioner. He faces charges of cruelty and dowry harassment in a matrimonial dispute and the court ordered his release upon furnishing a personal bond with the judicial magistrate.

What did the court decide?

Release on bail in the event of arrest or surrender within four weeks, on furnishing a personal bond.

Rajesh Kumar @ Rajesh Gupta Vs The State of Bihar — Dowry and Cruelty | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46763 of 2023

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Arising Out of PS. Case No.-107 Year-2021 Thana- MAHILA P.S. District- Patna

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

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RAJESH KUMAR @ RAJESH GUPTA SON OF RAJ KUMAR GUPTA RESIDENT OF VILLAGE- AMARHRUAA (AHAMRUAA), PS- CHARVI, DISTT- BHOJPUR (ARA), AT PRESENT RESIDENT OF H. NO. 350 GALI NO. 10, AMBEDKAR NAGAR, GIASPURA, LUDHIANA , PUNJAB

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Sanjay Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER

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3 06-09-2023

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Heard learned counsel for the petitioner and

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the learned A.P.P. for the State.

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The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 107 of 2021 registered under Sections 341, 323, 498(A)/34 of the Indian Penal Code and ¾ of Dowry Prohibition Act.

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Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case with ulterior motive. Prior to filing of this case, petitioner had already filed a Matrimonial Case No. 42 of 2019 (Annexure-2) for restitution of conjugal rights in which notice was also issued but the informant did not appear. The informant refused to live with the petitioner.

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Patna High Court CR. MISC. No.46763 of 2023(3) dt.06-09-2023 2/2

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Thereafter, a divorce case (Annexure-3) was also filed before the Family Court. From perusal of Annexure-4, it appears that the petitioner is regularly making payment as interim maintenance to the informant. Further he submits that petitioner is ready to keep the informant and children with due dignity and honour but the informant has refused to live with the petitioner, as is evident from Annexure-5 to the bail application.

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Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of Judicial Magistrate, 1^st Class, Patna in connection with Mahila P.S. Case No. 107 of 2021, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

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(Arvind Srivastava, J)

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shailendra/-

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U T

Rajesh Kumar @ Rajesh Gupta v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rajesh Kumar @ Rajesh Gupta v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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