Vikas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30105 of 2024 Arising Out of PS. Case No.-2559 Year-2022 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== Vikas Son of Harendra Prasad Resident of village- Dudhpur Post office dudhpur, P.S.- Dhudpur, District- Saran at Chapra, at present resident at D465 J.J. Colony, Shakarpur, Delhi 110034 ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ritu Devi @ Ritu Kumari Wife of Vikas, Daughter of Parshuram Prasad Resident of village- Mukundpur, P.S.- Ekama , District- Saran at Chapra at present reseident at A-2/463, phase-1, J.J. Colony, Madanpur Khaddar, Sarita Vihar, Delhi-1100076 ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Parmatma Singh, Advocate For the Opposite Party/s :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 20-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Complaint Case No. 2559 of 2022 in which cognizance has been taken under Sections 498A, 354 and 34 of the Indian Penal Code.
3. The prosecution case, in short, is that the complainant was married to the petitioner on 27.06.2020. After 3-4 days of the marriage, the accused persons started demanding a car and two lakh rupees in cash and on non-fulfillment of the same they started to torture and misbehave with the
Patna High Court CR. MISC. No.30105 of 2024(2) dt.20-05-2024 2/3 complainant. Lastly, she was ousted from the matrimonial house.
4. Learned counsel for the petitioner submits that the petitioner is the husband of the Opposite Party no.2 and he is ready to keep her with full dignity and honour. The petitioner has filed a case for restitution of conjugal right on 28.03.2022 before the Principal Judge, Family Court, Rohni at Delhi vide H.M.A. Case No. 1042 of 2022 in which notice was served to opposite party no. 2 but she has not appeared before the concerned Court. It is submitted that the present case has been lodged after institution of the aforesaid petition dated 28.03.2022. It is submitted that the petitioner has clean antecedent.
6. Learned APP has opposed the prayer for bail.
7. Having considered 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 each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, 1st Class, Sherghatti, Gaya, in Complaint Case No.378 of 2022, subject to the conditions
Patna High Court CR. MISC. No.30105 of 2024(2) dt.20-05-2024 3/3 laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
8. The application stands allowed.
(Khatim Reza, J) Prakash/- U