Alok Kumar Dwivedi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5276 of 2015 Arising Out of PS.Case No. -69 Year- 2014 Thana -LALGANJ District- VAISHALI(HAJIPUR) ====================================================== Alok Kumar Dwivedi Son of Amiya Kumar Dwivedi, resident of villageRajepur, P.S-Sahebganj, Distt-Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Tapeshwar Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 16-07-2015 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Lalganj P.S. Case No. 69 of 2014 registered for offence under section 498 (A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Allegation has been made that the petitioner has entered into marriage with O.P. No. 2 and later on, started torturing for the purposes of demand of dowry including four wheeler vehicle which led to filing of the present application. Other side has appeared making allegation, the petitioner has fled away along with the daughter of elder sister of O.P. No. 2 and entered into the marriage, in that manner, the

Patna High Court Cr.Misc. No.5276 of 2015 (3) dt.16-07-2015 2/2 opposite party no. 2 is Mausi of new wedded wife of the petitioner and both cannot live together.

Looking to the facts and circumstances of the case, the petitioner is ready to pay Rs. 4,000/- per month to opposite party no. 2 and the stand taken by the opposite party no. 2 that she cannot live with her husband in this situation, it will be appropriate to give direction to pay the amount of Rs. 4,000/- per month to opposite party no. 2 by 7th of the each month. In this view of the matter, in the event of the petitioner's arrest or surrender before the court below within four weeks from the date of communication of this order, let the above named petitioner be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali in connection with Lalganj P.S. Case No. 69 of 2014, subject to the condition as laid down under Section 438 (2) Cr. P.C. If the petitioner would fail to pay the amount without any valid reason by the aforesaid period, bail bonds of the petitioner will be deemed to have been cancelled. (Shivaji Pandey, J) Mahesh/- U T