Santosh Kumar Gupta Vs the State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29136 of 2024

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Arising Out of PS. Case No.-314 Year-2021 Thana- ROHTAS COMPLAINT CASE DistrictRohtas

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

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SANTOSH KUMAR GUPTA S/O RANGILA SAH R/O VILLAGEHETHUA, P.S- RAJPUR, DISTT.- BUXAR.

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR

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SRINKHALA RAJ W/O SANTOSH KUMAR GUPTA R/O HETHUA, P.SRAJPUR, DISTT.- BHOJPUR, AT PRESENT MOHALLA- TAKIYA, WARD NO. 3, SASARAM, DIST.- ROHTAS.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sadanand Roy For the Opposite Party/s : Mr.Nityanand Mr.Dhaneshwar Prasad Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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5 07-01-2025

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Pursuant to order of this Court, the matter was

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referred to Mediation & Conciliation Centre of Patna High Court, but the dispute between the parties could not be resolved through the process of mediation and as such, mediation failed (Report kept at flag ‘A’).

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Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the complainant / opposite party no. 2.

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The petitioner, who is husband of opposite party no. 2, apprehends his arrest in a complaint case punishable for the offences under Sections 498(A) of the Indian Penal Code.

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Patna High Court CR. MISC. No.29136 of 2024(5) dt.07-01-2025 2/3

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Petitioner is alleged to have committed torture and harassment with opposite party no. 2 for dowry.

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Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3,000/- per month, starting from this month, to opposite party no. 2.

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In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3,000/- (Rupees three thousand) per month to the opposite party no. 2, in the event of arrest/surrender within a period of eight weeks from today, let the above-named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Rohtas at Sasaram in connection with Complaint Case No. 314 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:-

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“(1) Opposite party no. 2 would file an affidavit before the court below and bring on record her savings bank account number for its communication to the petitioner.

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(2) Petitioner would deposit the aforesaid maintenance amount per month in the savings bank account of the opposite party no. 2.

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Patna High Court CR. MISC. No.29136 of 2024(5) dt.07-01-2025 3/3

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(3) In case, the petitioner fails to deposit the maintenance amount for two consecutive months, the court below would be at liberty to cancel the bail-bond.

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(4) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.”

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(Prabhat Kumar Singh, J)

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anay/-

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U T

Santosh Kumar Gupta v. the State of Bihar

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Santosh Kumar Gupta v. the State of Bihar

Case brief

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