Shiv Vijay Kumar @ Shivjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39975 of 2025 Arising Out of PS. Case No.-194 Year-2024 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Shiv Vijay Kumar @ Shivjay Kumar Son of Pramod Singh Resident of Village- Taraunchi, P.S- Guraru Dist- Gaya ... ... Petitioner/s

Versus

1.

The state of Bihar 2.

Shilpi Kumari wife of Shiv Vijay Kumar @ Shivjay Kumar Resident of Village- Taraunchi, P.S Guraru, Dist- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinod Kumar, Advocate For the Complainant : Mr. Javed Jafar Khan, Advocate For the State :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-07-2025 Heard Mr. Vinod Kumar, learned counsel for the petitioner, Mr. Javed Jafar Khan, learned counsel appearing on behalf of the Complainant and Mr. Ramesh Chandra, learned APP for the State.

2. The petitioner is apprehending his arrest connection with Complaint Case No. 194 of 2024, registered for the offences punishable under Sections 498A, 341, 323, 504, 506/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. Petitioner is husband of the Complainant. Allegation is of demand of dowry and torture for the same.

4. Learned counsel for the petitioner submits that the

2/4 petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the complaint petition is false and fabricated and the petitioner has not committed any offence as alleged in the complaint petition. Learned counsel for the petitioner on instruction fairly submits that the petitioner is ready to pay Rs. 2,000/- per month as an interim maintenance till the disposal maintenance case, if any.

5. Learned counsel for the Complainant/Opposite Party No. 2 submits that the complainant is ready to receive Rs. 2,000/- per month as an interim maintenance from the petitioner.

6. The Bank details of the complainant is as follows: Complainant : Shilpi Kumari Bank Account No. 007710285018 IFSC Code- IPOS0000001 Bank Name- Indian Post Payment Bank, Corporate Office

7. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

3/4 with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sherghati, Gaya in connection with Complaint Case No. 194 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions :- (i) The petitioner shall deposit Rs. 2,000/- by way of demand draft in favour of the Complainant/Opposite Party No. 2 at the time of furnishing bail bond and the learned Court below is directed to hand over the same in favour of the Complainant or his representative and the petitioner shall pay Rs. 2,000/- per month regularly to the Complainant/Opposite Party No.2 in her Bank account and if the petitioner fails to pay the aforesaid maintenance amount to the Complainant/Opposite Party No. 2, the Complainant/Opposite Party No. 2 shall be at liberty to move before the learned Court below for cancellation of the bail bond of the petitioner.

(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. (iii) If the petitioner tampers with the evidence or the

4/4 witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(iv) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U