Vivek Pandit @ Vivek Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.17798 of 2015 (2) dt.09-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17798 of 2015 Arising Out of PS.Case No. -703 Year- 2013 Thana -PHULWARI District- PATNA ====================================================== Vivek Pandit @ Vivek Kumar S/o Late Anuj Pandit Resident of Village- Bocha-chak, Ps.- Phulwari ,District- Patna .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 09-06-2015 The petitioner is the husband apprehends his arrest in relation to Phulwari P.S. Case No. 703/2013 registered under Sections 498(A) of the Indian Penal Code and 4 of the Dowry Prohibition Act.

Learned counsel for the petitioner draws attention of this Court to the fact that in the First Information Report at one place the allegation is that there was a demand of dowry and consequently torture. The informant then mentioned that the husband is having adulterous relationship with another, so, she do not want to go with the petitioner.

It is submitted that informant herself is not clear as to what is the reason. This would show that Section 498(A) is not applicable. Learned Sessions Judge has also noted that the wife is not ready to return

Patna High Court Cr.Misc. No.17798 of 2015 (2) dt.09-06-2015 the matrimonial home.

Be that as it may, in the event of their arrest/surrender before the court below within four weeks, let the petitioner, namely, Vivek Pandit @ Vivek Kumar, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna, in connection with Phulwari P.S. Case No. 703/2013, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Navaniti Prasad Singh, J.) Rajeev/- U T