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Patna High CourtCR. MISC./53583/2024allowed

Vinay Singh @ Vinay Kumar Singh v. The State Of Bihar

2024-11-20Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53583 of 2024 Arising Out of PS. Case No.-284 Year-2023 Thana- SHEKHPURA COMPLAINT CASE District- Sheikhpura ====================================================== Vinay Singh @ Vinay Kumar Singh, son of Banarsi Singh, Village- Tikari front of Primary School Ps- Lanka Dist- Varanasi, P/A- Tikari Ps- Chitaipur Dist- Varanasi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bhawna Singh, wife of Vinay Singh @ Vinay Kumar Singh, Village- Paein Ps- Sheikhpura Dist- Sheikhpura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP For the O.P. No.2 :

Mr. Dinkar Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-11-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the O.P. No.2/complainant.

2. The petitioner apprehends his arrest in connection with Complaint Case No.284C of 2023 instituted under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. As per complaint case, the marriage of the complainant was solemnized with the petitioner on 10.12.2018 and the allegation against the petitioner is that he used to torture the complainant for demand of dowry.

Patna High Court CR. MISC. No.53583 of 2024(3) dt.20-11-2024 2/3

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that the complainant herself does not want to live conjugal life with petitioner and she herself went to her maternal house and filed this complaint. During the mediation proceeding, both the parties have settled their dispute with the terms and conditions stipulated in the memorandum of agreement dated 11.11.2024. The petitioner has no criminal antecedent and he is ready to comply the terms and conditions of the said memorandum of agreement.

5. Learned A.P.P. for the State and learned counsel for the O.P. No.2/complainant submit that both the parties have settled their dispute vide memorandum of agreement dated 11.11.2024.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sheikhpura / Concerned Trial Court in connection with Complaint Case

Patna High Court CR. MISC. No.53583 of 2024(3) dt.20-11-2024 3/3 No.284C of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) ashishkr/- U T