Vinay Kumar @ Vinay Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 21650 of 2020 Arising Out of P.S. Case No.-283 Year- 2019 Thana- Sangrampur ======================================================
1. VINAY KUMAR @ VINAY PATEL aged about 23 years, (male), S/oKishori Patel, R/o village- Puchriya, P.S.- Sangrampur, District- East Champaran.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Dilip Kumar Tondon, Advocate :
Mr.Prateek Tondon For the Opposite Party :
Mrs.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-08-2020 Heard Mr. Dilip Kumar Tondon, learned counsel appearing on behalf of the petitioner and Mrs. Renu Kumari, learned Additional Public Prosecutor, for the State of Bihar. This application for grant of anticipatory bail arises out of Sangrampur P.S. Case No. 283 of 2019, registered for the offence punishable under Sections 304B/201/34 of the Indian Penal Code.
The petitioner is the husband of the alleged victim. There is allegation of torture of demand of dowry and subsequent disappearance of the victim. It has been stated in paragraph six of the application that the victim has been
2/3 recovered ten days after lodging of the F.I.R. by the police and she has been examined by learned Magistrate under Section 164 of the Cr.P.C. On the basis of said statement of the victim recorded under Section 164 of the Cr.P.C., it has been submitted that evidently she had left the matrimonial home out of her own sweet will.
Considering the statement of the victim recorded under Section 164 of the Cr.P.C., this application is allowed. Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari, East Champaran in connection with Sangrampur P.S. Case No. 283 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
Since there is a lockdown, the Court has considered it
3/3 appropriate to adopt following procedure for communication of the present order:- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.
(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential office for documentation and future use, if any.
(iv) Let a copy of the order be communicated to the learned court below through e-mail or any other appropriate electronic mode by the Registry.
Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social-distancing.
AKASH/- (Chakradhari Sharan Singh, J) U T