Vijay Prasad @ Bijay Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38163 of 2014 Arising Out of PS.Case No. -48 Year- 2014 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================

1. Vijay Prasad @ Bijay Prasad Son of Chando Mahto resident of villageBallopur, P.S.- Warsaliganj, Dist.- Nawada .... Petitioner

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Birendra Kumar, Advocate For the Opposite Party : Mr. U.S.P.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 20-04-2015 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Sections 498A of the Penal Code and 4 of the Dowry Prohibition Act.

There is allegation of demand of dowry and subjecting cruelty.

It is alleged that earlier Rs.35,000/- was paid for opening a dispensary and, again, a demand of Rs.50,000/- was made and the victim-wife was subjected cruelty for non-fulfillment of demand and was driven out of the matrimonial home keeping her jewelleries and other articles. The learned counsel for the petitioner submits that the petitioner is ready to keep the victim-wife with full dignity.

Hence, having regard to the facts and circumstances of the case, the petitioner, above named, in the event of his arrest or surrender,

Patna High Court Cr.Misc. No.38163 of 2014 (3) dt.20-04-2015 within four weeks from the date of receipt of this order, is directed to be released on provisional anticipatory bail for four months on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with the Complaint Case No. 48 of 2014 to the satisfaction of the Subdivisional Judicial Magistrate, Nawadah, subject to the condition that either the petitioner will keep the victim-wife with due dignity or if, for any reason, the victimwife is not ready to live with the petitioner, then, the petitioner shall pay Rs.1000/- per month as maintenance till higher maintenance decided by the competent Court and breach of any of the conditions shall be a ground for cancellation of the bail bond of the petitioner by the lower Court, itself After four months, the Court below, on being satisfied that the petitioner is keeping his victim-wife with full dignity, shall confirm the provisional anticipatory bail.

(Gopal Prasad, J) SA/- U √ T √