Vikas Kumar @ Vikas Kumar Baranwal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43880 of 2019 Arising Out of PS. Case No.-130 Year-2019 Thana- RAJAOLI District- Nawada ====================================================== Vikas Kumar @ Vikas Kumar Baranwal, Resident of Village - Bhagwat nagar, Naya Tola, Opposite Litera Valley School, P.s.- Agamkuan, dist.- Patna. (Bihar).
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Alka Kumari Wife of Vikas Kumar @ Vikas Kumar Baranwal, D/o Sri Mithilesh Prasad Resident of Village - Care of Sri Mithilesh Prasad, Beech bazar, Rajauli, P.S.- Rajauli, Dist.- Nawada. (Bihar). ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Saket Gupta, Adv.
For the Opposite Party/s :
Mr.B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-07-2019 Heard both sides.
The petitioner apprehends his arrest in Rajouli P.S. Case No.130 of 2019 registered under Sections 341, 323, 498A and 34 of the Indian Penal Code.
The wife of the petitioner alleged that the petitioner subjected her to all sorts of torture due to non-fulfillment of additional demand of dowry.
Learned counsel for the petitioner submits that the petitioner never subjected his wife to any sort of torture rather the wife subjected the petitioner to different sorts of cruelty. The petitioner filed Matrimonial Case No.613 of 2018 on the sole ground of cruelty. When the informant received notice and
Patna High Court CR. MISC. No.43880 of 2019(2) dt.17-07-2019 2/2 knew about institution of divorce case for dissolution of marriage, the informant lodged the present case. Having considered the facts that prior to institution of the present F.I.R. the petitioner filed divorce case in which the petitioner sought dissolution of marriage on the ground of cruelty and ill behaviour of his wife, the above named petitioner in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Nawada in connection with Rajouli P.S. Case No.130 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Harish/- U T