Vijay Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22209 of 2015 Arising Out of PS.Case No. -139 Year- 2014 Thana -LAKHNAUR District- MADHUBANI ====================================================== Vijay Kumar Son of Saleshwar Mahto resident of village - Kharaua, P.S. Rahika, District - Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shanti Devi wife of Vijay Kumar Daughter of Triveni Prasad Mahto resident of village Kharawa, P.S. Lakhnaur (Jhanjharpur R.S. Sevir O.P.) District - Madhubani.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Shailendra Kumar-Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 09-07-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the informant is languishing in custody since 16.03.2015 in a case registered for the offences punishable under Sections 342, 323, 307, 354, 379, 406, 498A of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

The basic accusation is of torture for nonfulfillment of the dowry demand. It is alleged that the petitioner tried to strangulate the informant, jewellery and other articles were snatched and she was being driven out from the matrimonial

Patna High Court Cr.Misc. No.22209 of 2015 (2) dt.09-07-2015 2/2 house.

It is submitted by learned counsel for the petitioner that the petitioner filed Matrimonial Suit No. 315 of 2014 on 05.11.2014 with a prayer for divorce and thereafter the present case was registered on 16.12.2014 and investigation has already concluded.

It is submitted by learned counsel for the informant that the informant is still ready to resume conjugal life and similar is the stand of the petitioner as stated in 12 of the petition.

Considering the fact that investigation has already concluded, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Jhanjharpur, District - Madhubani in connection with Lakhnaur (R.S.O.P.) P.S. Case No. 139 of 2014. The grant of bail will not preclude the parties to resolve the issue otherwise.

(Dinesh Kumar Singh, J) DKS/- U T