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Patna High CourtCR. MISC./33605/2019bail granted

Vijay @ Aakash Mehta v. The State Of Bihar

2019-11-14Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33605 of 2019 Arising Out of PS. Case No.-42 Year-2019 Thana- DUMRAO District- Buxar ====================================================== Vijay @ Aakash Mehta S/o Tilakdhari Singh R/o Chhathiya Pokhra, P.S.- Dumraon, District- Buxar.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Ankita Kumari, daughter of Vinay Kumar Singh, wife of Vijay @ Aakash Mehta, at present resident of village & P.o. Arthu, P.S. Dinara, District Rohtas.

... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Pradhan For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506 & 498A/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Petitioner, who happens to be husband of the informant, is said to have tormented the informant over dowry demand and finally drove her out of the marital house in association of his family members.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place.

Patna High Court CR. MISC. No.33605 of 2019(4) dt.14-11-2019 2/2 He has neither made any dowry demand nor tormented the informant nor drove her out from the house. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Parties to the case have settled their dispute before the Patna High Court Mediation Center. Hence, the petitioner may be enlarged on bail.

Learned counsel for the opposite party no.2 has also conceded the factum of settlement taken place between the parties before the Patna High Court Mediation Center. Both the parties agreed to honor the terms of settlement.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Buxar in connection with Dumraon P.S. Case No.42 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) Trivedi/- U T