Vicky Kumar @ Viccy Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7926 of 2015 Arising Out of PS.Case No. -2266 Year- 2014 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== Vicky Kumar @ Viccy Kumar S/o Sunil Kumar Singh R/o VillageNawanagar, P.S. - Bidupur, District- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Sulekha kumari D/o Amrit Singh r/o Mohalla- Hathsarganj Jagdamba Sthan East Ward No. 2, P.S. Town Hajipur, District-- Vaishali. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rina Sinha For the Opposite Party/s : Mr. Shyam Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07/ 15-10-2015 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and 3/4 of Dowry Prohibition Act. The basic accusation is of torture for nonfulfillment of the dowry demand. Though, the matter was referred to the Mediation Centre on the joint prayer of the parties but it appears from the
Patna High Court Cr.Misc. No.7926 of 2015 (7) dt.15-10-2015 2/3 report of the Mediator dated 30.07.2015 at Flag 'A' that the prayer was made for extending the period of mediation. The petitioner and the complainant are present. It is submitted by learned counsel for the petitioner that the petitioner is ready to keep the complainant as wife with full dignity and honour. Though, statement to that effect has not been made in the petition.
Counsel for the complainant submits that the complainant is ready to accept the offer of the petitioner. Both sides agree to appear before the learned court below on 29th of October, 2015 when the petitioner will take the complainant to keep her as wife with full dignity and honour. Considering the present stand of the parties, let the above named petitioner be released on provisional anticipatory bail for one year in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Complaint Case No. 2266 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
The provisional bail of the petitioner will be
Patna High Court Cr.Misc. No.7926 of 2015 (7) dt.15-10-2015 3/3 confirmed within one year by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the complainant gets reluctant to reconcile the issue; and (iii) or if the complainant fails to appear before the learned court.
(Dinesh Kumar Singh, J) DKS/- U T