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Patna High CourtCR. MISC./4118/2022allowed

Vijay Shankar Dubey v. The State Of Bihar

2022-06-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4118 of 2022 Arising Out of PS. Case No.-318 Year-2021 Thana- JAKKANPUR District- Patna ====================================================== VIJAY SHANKAR DUBEY Son of Sachchidanand Dubey Resident of Village - Dubauli, P.S. - Simri, District - Buxar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Isha Kumari Wife of Vijay Shankar Dubey, Daugther of Jagdish Tiwary Resident of Mohalla - New Purandarpur, P.S.- Jakkanpur, District - Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Siddharth Harsh For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Jakkanpur P.S. Case No. 318 of 2021 instituted for the offence under Section 498(A) of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

This case relates to mentally harassment to the informant by her husband as he has taken her obscene photographs forcibly and he used to give her threatening to make it viral. It is further alleged that due to non-fulfillment of further dowry demand, she was physically tortured by her husband and finally petitioner and and his family members ousted her from her matrimonial home.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.4118 of 2022(2) dt.14-06-2022 2/2 has submitted that petitioner is husband of the informant and has been falsely implicated in this case. He has never demanded any thing from the informant. Informant used to force her husband to live at Delhi. It is further submitted by learned counsel for the petitioner that he is ready to keep his wife with full honour and dignity at his village as petitioner is now jobless and he cannot afford the cost of living at Delhi.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the submission made on behalf of the petitioner, this Court is inclined to enlarge him on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Jakkanpur P.S. Case No. 318 of 2021 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-1st, Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U T