Vijay Shankar Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70865 of 2022 Arising Out of PS. Case No.-795 Year-2021 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== VIJAY SHANKAR VERMA S/o Yogendra Lal R/o Mohalla- Garh Par, P.S.- Bihar Sharif, Distt- Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ranjana Verma W/o Vijay Shankar Verma, D/o Mahendra Prasad Verma R/o Village- Moti Bigha (Gonwan), P.S. and Distt- Nawada. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudhir Kumar For the Opposite Party/s :

Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A), 420 and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. Learned counsel for the petitioner submits that by order dated 15.05.2023, notices were issued upon the O.P. No. 2, in compliance of the order dated 15.05.2023, the notices were filed in time, it is next submitted that the notice was received by the brother of the O.P. No. 2 for which a jointness application has been filed stating that the O.P. No. 2 is staying with her

Patna High Court CR. MISC. No.70865 of 2022(6) dt.23-08-2023 2/3 brother.

4. In view of the submissions made by the learned counsel for the petitioner, the notice is treated to be validly served.

5. Learned counsel for the petitioner next submits that the petitioner is a person with clean antecedent and being husband has been falsely implicated in the present case, it is next submitted that petitioner, right from the beginning, is willing to revive his conjugal relationship and has also filed an application seeking restitution of his conjugal rights under Section 9 of the Hindu Marriage Act, it is further submitted that the O.P. No. 2 despite receiving notice is not willing to contest the case which amply demonstrates that she is not interested in reviving her conjugal relationship, it is further submitted that petitioner is an advocate and is practicing at Civil Court, Bihar Sharif.

6. Learned counsel for the petitioner, at the cost of repetition, submits that the petitioner is always willing to keep the informant with honour and dignity and even from perusal of the allegations as alleged in the FIR, it would manifest that the allegations of demand and torture are general and omnibus in nature.

Patna High Court CR. MISC. No.70865 of 2022(6) dt.23-08-2023 3/3

7. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

8. 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 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 Complaint Case No. 795 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T