Vikash Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56021 of 2022 Arising Out of PS. Case No.-44 Year-2022 Thana- AGIAON BAZAR District- Bhojpur ====================================================== Vikash Upadhyay S/O Bishwanath Upadhyay Resident Of Village- Angara P.S.- Agiaon Bazar District- Bhojpur.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Priyanka Devi W/O Vikash Upadhyay, D/O Law Kumar Tiwari Resident Of Village- Amehta P.S.- Agiaon District- Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Kumar, Advocate For the Opposite Party/s :

Mr. Sangeeta Sharma,A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 25-04-2023 Heard Mr. Uday Kumar, learned Counsel appearing on behalf of the petitioner and Mr. Sangeeta Sharma, learned A.P.P. appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Agiaon Bazar P.S. Case No. 44 of 2022 registered under Section 341, 323, 498(A), 504, 506, 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. Learned Counsel appearing on behalf of the parties informs this Court that they have resolved the matrimonial dispute, the parties have now agreed to live together and petitioner has undertaken that he will take care of O.P. No.2. He fulfill all her physical as well as financial requirements.

Patna High Court CR. MISC. No.56021 of 2022(3) dt.25-04-2023 2/2

4. Considering the aforesaid undertaking made on behalf of the petitioner and the fact of the case, the Court below is directed to release the petitioner on provisional bail and must see that the terms and condition as entered between the parties before the learned Mediator of this Court on 05.04.2023 is carried on strictly as per the agreement. If the Opposite Party No.2 makes no allegation then the provisional bail granted to the petitioner is made obsolute for the period of one year.

5. Court below is directed to release the petitioner on provisionally on pre-arrest bail, in the event of his arrest or surrender before the learned Court below within a period of four 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 A.C.J.M-8th, Bhojpur, Ara in connection with Agiaon Bazar P.S. Case No. 44 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) nilmani/minuU T