Patna High CourtCR. MISC./20457/2015bail granted

Vikash Kumar v. The State Of Bihar

2015-05-01Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20457 of 2015 Arising Out of PS.Case No. -1 Year- 2015 Thana -MAHILA P.S. District- MUNGER ====================================================== Vikash Kumar .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pravin Kumar Sinha For the Opposite Party/s : Mr. Binod Kumar No. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-05-2015 Heard learned counsels for the petitioner and the State. The petitioner being husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A/34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act. The basic accusation is of torture for non fulfillment of dowry demands. Marriage between the petitioner and the informant on 28.11.2012 having one female child are admitted facts.

It is submitted by the learned counsel for the petitioner that the petitioner filed Matrimonial Suit No. 60 of 2014 for divorce on 5.2.2014, thereafter the present complaint was filed on 14.7.2014 which came to be registered as police case on 2.2.2015 and it was mutually agreed between the parties that the petitioner

Patna High Court Cr.Misc. No.20457 of 2015 (2) dt.01-05-2015 2/2 will pay Rs.2000/- to the informant which the petitioner is paying since February, 2015.

Considering the filing of the matrimonial suit at earlier point of time and payment of rupees two thousand per month to the informant, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve 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 SDJM, Munger in connection with Mahila P.S. Case No. 1 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

The informant will be at liberty to file an application for cancellation of bail bonds of the petitioner in case the petitioner defaults in payment of the aforesaid amount for three consecutive months.

(Dinesh Kumar Singh, J) Anil/- U