Vijay Shankar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4115 of 2022 Arising Out of PS. Case No.-350 Year-2020 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 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 W/o Vijay Shankar Dubey, Daughter 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 Complaint Case no. 350(C) of 2020 instituted for the offence under Sections 498(A), 341, 323, 386, 504, 506 and 34of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

As per allegation in the FIR, due to non-fulfimment of dowry demand of Rs. Five lakh, petitioner along with other family members started to abuse and torture the informant mentally and physically.

Patna High Court CR. MISC. No.4115 of 2022(2) dt.14-06-2022 2/3 It is submitted by learned counsel for the petitioner that petitioner is husband of the informant and he is ready to keep the complainant as wife with full dignity and honour. The aforesaid offer of the petitioner has not been accepted by the complainant who denies to go to her matrimonial house and live with her husband. However, she prays for some maintenance for her survival as she is a housewife and she is not able to maintain herself . In the alternative, learned counsel appearing on behalf of the petitioner, on instructions, submits that petitioner is ready to give Rupee four thousand per month from this month (June), subject to furnishing bank account number by the complainant to the petitioner.

In the changed circumstance, learned counsel for the informant admits that he shall provide bank account number of the informant to the petitioner within a period of one week from today. On receipt of the bank account number of the informant, the petitioner shall deposit Rs. 4,000/- (Four Thousand) in first week of every month commencing from June as maintenance in the account furnished by the complainant.

Having heard learned counsel for the parties and considering the submissions made on behalf of the petitioner,

Patna High Court CR. MISC. No.4115 of 2022(2) dt.14-06-2022 3/3 this Court is inclined to enlarge him on bail. The petitioner, above named, in the event of his arrest or surrender before learned Court below within a period of four weeks from today, shall be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Patna in connection with Complaint Case No. 350 (C ) of 2020, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 4,000/- (for the month of June) by the petitioner in the account of the complainant.

The aforesaid payment will be subject to any order passed in the maintenance case for final settlement. (Sunil Kumar Panwar, J) sushma/- U