Vinod Prasad @ Vinod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22972 of 2023 Arising Out of PS. Case No.-7 Year-2023 Thana- MAHILA P.S. District- Bhojpur ====================================================== Vinod Prasad @ Vinod Kumar Son Of Bhagawan Prasad Resident Of Mohalla- Mp Bagh Ps- Ara Nagar Distt-Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kavita Devi wife of Binod Prasad Mohalla- M.P Bagh Ps- Ara Nagar DistBhojpur at present- Lawkushpur Ps- Krishnagarh Dist- Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Bhojpur Mahila P.S. Case No. 07 of 2023 instituted under Sections 341,323,504, 506, 498 (A) / 34 of the Indian Penal Code and 3 / 4 Dowry Prohibition Act.

3. The allegation against the petitioner is that he was involved in the dowry torture against the informant and also ousted the informant from her matrimonial house.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. The allegation against the petitioner is general and omnibus in

Patna High Court CR. MISC. No.22972 of 2023(5) dt.29-08-2023 2/3 nature. Due to mental and physical torture petitioner was forced to file the Matrimonial Case No. 395 of 2021 under Section 13 of the Hindu Marriage Act, which is pending for adjudication before the Court concerned. The petitioner undertakes to make payment of Rs. 4,000/- (Four Thousand) per month to the informant as maintenance amount.

5. Learned A.P.P. for the State assisted by learned counsel for the informant opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned S.D.J.M., Bhojpur at Ara in connection with Bhojpur Mahila P.S. Case No. 07 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 with the following conditions:- (i) The petitioner shall make payment of Rs. 4,000/- per month to informant till disposal of the case. (ii) The petitioner will remain present on each and

Patna High Court CR. MISC. No.22972 of 2023(5) dt.29-08-2023 3/3 every date fixed by the Court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (Sunil Dutta Mishra, J) ashutosh/- U T