Vicky Kumar @ Vicky Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54461 of 2024 Arising Out of PS. Case No.-412 Year-2023 Thana- NAWANAGAR District- Buxar ====================================================== Vicky Kumar @ Vicky Gupta Son of Kanhaiya Prasad R/V- VILLAGEKESATH, P.S.- NAWANAGAR, DISTT.- BUXAR ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
PUJA KUMARI D/O- SHIVSHANKAR SAH R/V- VILLAGE- DILDAR NAGAR, P.S.- DILDAR NAGAR, DISTT.- GAJIPUR (UTTAR PRADESH) ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anand Kumar Ojha For the Opposite Party/s :
Mr. Akshay Lal Pandit For the Informant :
Mr. Gopal Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-08-2024
1. Heard learned Counsel for the petitioner, learned Counsel for the complainant-Opposite Party No. 2 and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Nawanagar Case No. 412 of 2023, registered for the offences punishable under Sections 341, 323, 324, 498(A), 504, 506, 34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.
3. The allegation, as per the FIR, is that the marriage of the Opposite Party No. 2 was solemnized with the petitioner on 24.11.2021. On 08.11.2023, all the FIR named accused persons, including the petitioner, after snatching all her belongings forcibly left her at Dumraon
Patna High Court CR. MISC. No.54461 of 2024(2) dt.31-08-2024 2/3 Railway Station in the evening. The accused persons threatened the informant that if she wants to return to her in-laws house then she had to fulfill the entire dowry demand or otherwise she would be killed.
4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. However, without prejudice to the right and contention of the petitioner, and in order to maintain harmony in the family, the petitioner is ready and willing to pay a sum of Rs. 5,000/- per month to the Opposite Party No. 2 as living cost, subject to the final outcome of the present case as well as the matrimonial case, if any, pending and/or decided between the parties.
5. Learned Counsel for the complainant-Opposite Party No. 2 accepts the offer so made by learned Counsel for the petitioner and submits that the petitioner may be directed to deposit the said amount of Rs. 5,000/- per month in the bank account of the complainant-Opposite Party No. 2, details of which shall be furnished by learned Counsel for the Opposite Party No. 2 to learned Counsel for the petitioner within ten days from today.
Patna High Court CR. MISC. No.54461 of 2024(2) dt.31-08-2024 3/3
6. After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the offer made by learned Counsel for the petitioner has been accepted by learned Counsel for the Opposite Party No. 2, I am inclined to grant the petitioner privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his arrest/surrender before the learned Court below within a period of six weeks from today, be released on bail, upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Buxar, in connection with Nawanagar Case No. 412 of 2023.
9. This is subject to the condition that the petitioner shall deposit a sum of Rs. 5,000/- per month in the bank account of Opposite Party No. 2, staring from 15th September, 2024.
(Anil Kumar Sinha, J) HarshPandey/- U T