Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80080 of 2019 Arising Out of PS. Case No.-139 Year-2019 Thana- PATORI District- Samastipur ====================================================== Vikash Kumar S/o Kamlesh Ray R/o village- Mohanpur, P.S.- Shahpur Patori, District- Samastipur ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Babita Kumari W/o Vikash Kumar R/o village- Jahangirpur, P.S.- Deshri Chandpur. District- Vaishali. Presently R/o village- Mohanpur O.P, P.S.- Shahpur Patori, District- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 22-01-2020 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner being the husband of Opposite Party No.2 is apprehending his arrest in connection with Patori (Mohanpur) P.S.Case No.139 of 2019 registered for the offences punishable under Sections 498A of the Indian Penal Code and Section 3/4 of the D.P.Act..

Learned counsel for the petitioner submits that the petitioner is employed in Navy as sepoy and had not taken his wife to his place of posting but now he is willing to take her and treat her with full honour and dignity. It is further submitted that Opposite Party No.2 had not cooperated earlier and was always running to her parents' house. Learned counsel for the Opposite

Patna High Court CR. MISC. No.80080 of 2019(3) dt.22-01-2020 2/2 Party No.2 is present in Court and submits that she is willing to go and live with the petitioner if he takes her to his place of posting.

Learned counsel for the petitioner submits that he is willing and ready to keep his wife with full dignity and honour. It is further submitted that there will be no recurrence of any mental torture and harassment to the Opposite Party No.2 by the petitioner in future.

Considering the aforesaid fact, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender in the court below within a period of four weeks from the date of receipt of the order, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Samastipur in connection with Patori (Mohanpur) P.S.Case No.139 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. B.Kr./- (Anjana Mishra, J) U T