Vikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21660 of 2023 Arising Out of PS. Case No.-88 Year-2021 Thana- MAHILA PS District- Darbhanga ====================================================== VIKRAM KUMAR Son of Mithilesh Prasad Gupta @ Mithilesh Kumar Gupta R/V- Bharwara PS- Singhwara Dist- Darbhaga, bihar at present Residing in the House of Dr. Arvind Kumar, Mohalla- Lalbag, PS- Darbhanga Town, Dist- Darbhanga Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pooja Kumari Gupta Wife of Vikram Kumar R/V- Bharwara PS- Singhwara dist- Darbhanga Bihar at present Residing in the house of Dr. Arvind Kumar, Mohalla- Lalbag, PS- Darbhanga Town, Dist- Darbhanga Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Preety Kunwar For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-02-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel for the OP No. 2. 2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 323, 504 and 506 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3.

The learned counsel for the petitioner submits that the dispute is purely matrimonial. It is next submitted that the petitioner and the OP No.2 are husband and wife. It is also submitted that petitioner is paying a monthly maintenance of Rs. 12,000/- per month to the informant and the child, who is staying with her.

4.

The learned counsel appearing on behalf of the OP

Patna High Court CR. MISC. No.21660 of 2023(6) dt.20-02-2024 2/2 No. 2 does not dispute the submission made by the learned counsel appearing on behalf of the petitioner. It is next submitted that the OP No. 2 shall allow the petitioner to meet the child. 5.

The learned counsel for the petitioner next submits that the maintenance amount which the petitioner is paying to the OP No. 2 shall continue till the conclusion of the trial or till the maintenance is not fixed by a court of competent jurisdiction. 6.

Considering the submissions made by the learned counsel for the parties, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with (Darbhanga) Mahila P.S. Case No. 88 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T