Vineet Kumar Roy v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10634 of 2015 Arising Out of PS.Case No. -592 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Vineet Kumar Roy son of Late Vinay Kumar Roy, resident at A-304, Vrindavan Apartment, Phase-II, Malahi Pakari, Kankarbagh, P.S.- Kankarbagh, District Patna, at present residing at 201, Pocket-1, Sector 23, Rohini, Delhi- 85 .... .... Petitioner/s
Versus
1. The State of Bihar
2. Swati Roy wife of Vineet Kumar Roy, daughter of Late Arun Kumar Sharma, resident of A-304, Vrindavan Apartment, Phase-II, Malahi Pakari, Kankarbagh, P.S.- Kankarbagh, District Patna, at present residing at Choudhary Tola, Pathar Ke Masjid, P.S.- Sultanganj, P.O. Mahendru, Patna- 6 .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shivendra Kumar Sinha For the Opposite Party/s : Mr. Asha Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-04-2015 Heard learned counsels for the petitioner and the State.
The petitioner being the husband is apprehending arrest in a complaint case in which processes were directed to be issued after cognizance being taken under Section 498A of the Indian Penal Code and section 4 of the Dowry Prohibition Act.
The basic accusation is of torture for non fulfillment of dowry demands.
Patna High Court Cr.Misc. No.10634 of 2015 (2) dt.23-04-2015 2/3 On instructions, it is submitted that the petitioner is ready to keep the complainant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 23 of the petition. Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for one year in the event of arrest or surrender before the learned Court below within a period of twelve 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 learned CJM Patna in connection with Complaint Case No. 592C of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C.
Let the learned court below issue notice to the complainant and on her appearance the petitioner will take the complainant to keep her as wife with full dignity and honour.
The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities - (i) if the matrimonial harmony is substantially restored or (ii) if the complainant fails to appear before the learned
Patna High Court Cr.Misc. No.10634 of 2015 (2) dt.23-04-2015 3/3 court below or (iii) if the complainant deliberately gets reluctant to reconcile the issue.
(Dinesh Kumar Singh, J) Anil/- U T