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Patna High CourtCR. MISC./47786/2022allowed

Vikash Singh @ Vikash Kumar v. The State Of Bihar

2023-02-27Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47786 of 2022 Arising Out of PS. Case No.-507 Year-2021 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== VIKASH SINGH @ VIKASH KUMAR S/o Vinod Singh @ Sadhu Singh R/o village- Karanpura, P.S.- Durgawati, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pinki Devi W/o Vikas Singh, D/o Rajeshwar Singh R/o village- Validad, P.S.- Mahediya, District- Arwal ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2023 Heard the parties.

Notice has been issued to Opposite Party No.2 but father of the Opposite party No.2 denied to receive the notice as his daughter had performed second marriage.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 323, 498(A), 504 of the Indian Penal Code.

Petitioner, who is husband of opposite party no2, is said to have tortured upon her physically and mentally over the dowry demand in association of his family members. They also ousted her from the matrimonial home.

It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence.

Patna High Court CR. MISC. No.47786 of 2022(5) dt.27-02-2023 2/2 Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182. It is further submitted that the petitioner is ready to keep her with full honour and dignity.

In that view of the matter, 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.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No. 507 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Anjani Kumar Sharan, J) divyanshi/- U T