Vishal Kumar @ Sonu @ Vishal Kumar Gupta v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23564 of 2015 Arising Out of PS.Case No. -1667 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Vishal Kumar @ Sonu @ Vishal Kumar Gupta .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sangeeta Kumari, D/O Ayodhya Prasad Gupta, Resident of MohallaDariyapur gola, Mohar Tola, P.S. - Kadamkuan, District - Patna. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Santosh Kumar Singh For the Opposite Party/s : Mr. Amitesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner is apprehending his arrest in Complaint Case No. 1667( C ) of 2013 instituted under section 498(A) of the Indian Penal Code and under section 4 of the Prevention of Dowry Act.
The prosecution case in brief is that the complainant Sangeeta Kumari was married with the accused Vishal Kumar and at the time of her marriage her parents gifted ornaments and cash worth Rs. 2,55000/-. She went to her Sasural and resided there for ten days where she came to know that her husband had illicit relation with one Gudia and her mother-in-law had murdered her husband. It is further alleged that her Dewar
Patna High Court Cr.Misc. No.23564 of 2015 (2) dt.06-07-2015 2/3 and Nand had bad eyes over her modesty and used to assault her. She came to maika and went again to her Sasural on 17.03.2012. Her husband continued to have illicit relation with Gudia even in her presence. Mother-in-law, Nanad continued to torture her and Dewar also assaulted her while Nandosi intended to have illicit relation with him. On 27.05.2012 her husband tried to kill her by administering poison in the milk, but in the meanwhile a cat happened to drink the poisoned milk and she died. She came to her maika and on 05.05.2013 her Devar and Nandosi came to her and stayed at night. They tried to out raise her modesty. She raised alarm and they escaped. Lastly she filed the case in the court of law.
It has been submitted on behalf of the petitioner that the petitioner is the husband of the complainant. He is ready to keep the complainant with all dignity and respect but the same is not acceptable to the complainant. It is further submitted that petitioner is ready to deposit an amount of Rs. 1000/- each month in the court below which may be released in favour of the complainant.
On behalf of the State it is submitted that the petitioner is named in the first information report. Considering the aforesaid facts and
Patna High Court Cr.Misc. No.23564 of 2015 (2) dt.06-07-2015 3/3 circumstances , petitioner is directed to deposit Rs. 1000/- each month in the court below which shall be released in favour of the complainant and the above named petitioner in the event of his arrest or surrender before the court below with a period of four weeks from the date of receipt/production of a copy of this order is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M, Patna in Complaint Case No. 1667 ( C)/2013, subject to the conditions as laid down under section 438(2) Cr.P.C.
(Sudhir Singh, J) M.Rahman/- U T