Vivek Yadav @ Vivek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55484 of 2023 Arising Out of PS. Case No.-191 Year-2021 Thana- AANDAR District- Siwan ====================================================== VIVEK YADAV @ VIVEK KUMAR son of Harishankar Yadav R/oFirozpur Ps- Aandar Dist- Siwan ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
KARISHMA DEVI D/o- Raju Yadav R/o- Sidhwal Ps- Hussainganj DistSiwan ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Pandey For the Opposite Party/s :
Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-04-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel appearing on behalf of the O.P. No. 2.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 376, 307, 504, 506 and 34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act.
3. Learned counsel for the petitioner submits that petitioner being husband has been falsely implicated in the instant case. It is further submitted that petitioner along with his family members have also been implicated with false allegation. It is next submitted that one can well imagine the plight of the
Patna High Court CR. MISC. No.55484 of 2023(4) dt.01-04-2024 2/3 family when the daughter-in-law alleges that she was raped by her father-in-law and that too when the mother-in-law is alive and stays in the same house. It is further submitted that relationship in between the petitioner and the O.P. No. 2 has been strained to an extent where it is not possible to revive the conjugal relationship bu then submits that petitioner is willing to pay a monthly maintenance of Rs. 8,000/- to the O.P. No. 2 which shall commence from 15.04.2024. It is further submitted that petitioner intended for a divorce by mutual consent but then the O.P. No. is not ready for the same hence after taking legal advice is going to file a divorce.
4. Learned counsel appearing on behalf of the O.P. No. 2 submits that he will Whatsapp the bank account number of the O.P. No. 2 on the Whatsapp number of the learned counsel for the petitioner and the learned counsel for the petitioner undertakes to forward the same to the petitioner so that the monthly maintenance, as agreed, commences from 15.04.2024.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on
Patna High Court CR. MISC. No.55484 of 2023(4) dt.01-04-2024 3/3 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Aandar P.S. Case No. 191 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6. However, it is made clear that the O.P. No. 2 shall be at liberty to file an application before this Court seeking cancellation of the anticipatory bail granted to the petitioner in the event if the petitioner does not deposit the amount of monthly maintenance, as agreed, for two consecutive months. (Satyavrat Verma, J) Rishabh/- U T