Vikash Kumar @ Vikash Singh @ Vikash Kumar Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48597 of 2016 Arising Out of PS.Case No. -517 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Ankush Singh @ Ankush Kumar Singh, Son of Sri Rajendra Singh Resident of village- Khairiwon, P.O. Jar, P.S. Agiaon Bazar, District- Bhojpur. .... .... Petitioner
Versus
1. The State of Bihar
2. Smt. Ankita Devi Wife of Ankush Singh, Daughter of Sri Raman Singh Resident of Village- Bishnupura, P.S. Bihta, District Patna. .... .... Opposite Parties ====================================================== with Criminal Miscellaneous No.51168 of 2016 Arising Out of PS.Case No. -517 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Vikash Kumar @ Vikash Singh @ Vikash Kumar Singh, son of Sri Rajendra Singh, Resident of Village- Khairiwon, P.O.- Jar, P.S.- Agiaon Bazar, District- Bhojpur.
.... .... Petitioner
Versus
1. The State of Bihar.
2. Smt. Ankita Devi, wife of Ankush Singh, Daughter of Sri Raman Singh, Resident of Village- Bishnupura, P.S.- Bihta, District- Patna. .... .... Opposite Parties ====================================================== Appearance :
(In Cr.Misc. No.48597 of 2016) For the Petitioner : Mr. Sanjay Kumar Mishra, Advocate.
For the Opposite Parties : Mr. Manoj Kumar, APP.
(In Cr.Misc. No.51168 of 2016) For the Petitioner : Mr. Sanjay Kumar Mishra, Advocate.
For the Opposite Parties : Mr. Matloob Rab, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-06-2017 Heard both sides.
The petitioners apprehend their arrest in Complaint Case No. 517(C)/2015 registered for the offences punishable
Patna High Court Cr.Misc. No.48597 of 2016 (8) dt.22-06-2017 2/3 under Sections 323, 498(A) and 506 of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act. The complainant alleged that she was firstly married to Ankush Singh @ Ankush Kumar Singh petitioner of Cr. Misc. No. 48597 of 2016 but the complainant found that her husband Ankush Singh @ Ankush Kumar Singh was mentally unfit and he was also impotent. The complainant disclosed this fact to her parents and relatives but later on the complainant was married to Vikash Kumar @ Vikash Singh @ Vikash Kumar Singh petitioner of Cr. Misc. No. 51168 of 2016. It is further alleged that thereafter, the accused persons began to demand Rs. 2 lakhs for providing job to Vikash Kumar @ Vikash Singh @ Vikash Kumar Singh.
Learned counsel for the petitioners submits that all the allegations are false and concocted. The complainant does not want to live with the petitioner and that is why she filed the case making false and frivolous allegation. The notice was issued but the complainant could not appear.
Considering the facts aforesaid and nature of allegations made against the petitioners and the fact that the complainant, herself, alleged that her first husband Ankush Singh @ Ankush Kumar Singh was mentally unsound and he was impotent
Patna High Court Cr.Misc. No.48597 of 2016 (8) dt.22-06-2017 3/3 thereafter she married to Vikash Kumar @ Vikash Singh @ Vikash Kumar Singh but no material was brought on record to show that she was married to Vikash Kumar @ Vikash Singh @ Vikash Kumar Singh, the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class/Additional Chief Judicial Magistrate, Danapur in Complaint Case No. 517(C)/2015, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J.) KKSINHA/- U T