Vinay Kumar @ Vinay Mishra v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63086 of 2018 Arising Out of PS. Case No.-15 Year-2018 Thana- MAHILA P.S. District- Vaishali ====================================================== Vinay Kumar @ Vinay Mishra, Aged about-34 Yrs,(Husband of informant), Son of Sri Sudarshan Mishra, Resident of House No.254, Indira Nagar, Boring Road, Post-Rajapur, West Boring Road, P.S.-Patliputrta, Distt.-Patna. ... ... Petitioner/s
Versus
1. State Of Bihar and Anr
2. Sushma Kumari, aged about 25 years, Wife of Vinay Kumar @ Vinay Mishra, D/o of Sri Satyendra Pandey, Resident of Maikey-Mohalla-Harivanshpur Badrichowk, P.S.-Town Nagar,Distt.-Vaishali ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tej Kumar Maharaj For the Opposite Party/s :
Mr. Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-01-2019 Heard learned Counsels for the petitioner and learned APP for the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 498(A) and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
The prosecution case as per the written report of Sushma Kumari dated 27.07.2018 submitted to SHO, Vaishali Police Station is to the effect that the marriage of the informant was performed Vinay Mishra on 26.04.2018, but subsequent to the marriage, further dowry demand of Rupees Three Lakh was made and due to non-fulfillment of the same, torture was
Patna High Court Cr.Misc. No.63086 of 2018(3) dt.22-01-2019 2/3 inflicted upon the informant and ultimately, she was driven out of the matrimonial house, after snatching all her belongings. It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the informant and is ready to keep her as wife with full dignity and honour, however statement to that effect has not been made in the petition. It is further submitted that petitioner filed Matrimonial Suit No. 710 of 2017 before the Principal Judge, Family Court, Patna for restitution of the conjugal life.
Learned counsel for the informant submits that she is ready to accept the offer of the petitioner, but she is quite apprehensive about the past conduct of the petitioner.
As jointly prayed for, both sides agree to appear before the learned Court below on 31.01.2019 when the petitioner will take the informant as wife and keep her with full dignity and honour. Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for a period of six months, in the event of arrest or surrender before the learned Court below within a period of 12 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 learned SDJM, Vaishali in connection with
Patna High Court Cr.Misc. No.63086 of 2018(3) dt.22-01-2019 3/3 Mahila P.S. Case No. 15 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The provisional bail of the petitioner will be confirmed by learned Court below in three eventualities (I) if the matrimonial harmony is substantially restored, or (ii) if the informant fails to appear before the learned Court below, or (iii) if the informant gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T