Vickky Kumar @ Vickky Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73696 of 2019 Arising Out of PS. Case No.-321 Year-2019 Thana- RUPASPUR District- Patna ====================================================== Vickky Kumar @ Vickky Chaudhary, Son of Sri Pannu Chaudhary, Resident of the Village, P.O. Dhanarua, P.S.- Rupaspur in the district of Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-11-2019 This is an application for grant of anticipatory bail in connection with Rupaspur P. S. Case No. 321 of 2019, disclosing offences under Sections 498A, 34 of IPC and Section 3⁄4 of Dowry Prohibition Act.

As per F.I.R. petitioner, who happens to be the husband of the informant. There is allegation of assault and cruelty with respect to demand of Rs.1,00,000/- and a motorcycle.

Submission of the learned counsel for the petitioner is that the allegation is false and concocted. He is still ready to keep her with dignity and care, for that, he has filed a Matrimonial Case No. 554 of 2019 for restitution of conjugal rights. Before the learned court below he has also taken such plea and informant appeared, but she is not ready to reside with

Patna High Court CR. MISC. No.73696 of 2019(2) dt.25-11-2019 2/3 the petitioner.

Heard learned A.P.P. as well as learned counsel for the opposite party no.2 also, who has opposed the prayer for anticipatory bail and perused the impugned order, from which, it appears that informant and her daughter have also appeared before the court below, but both the parties were casting allegation against each other, as such, reconciliation was not succeeded.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned A.C.J.M.-II, Danapur, Patna, in connection with Rupaspur P. S. Case No. 321 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition that if, in future the informant is ready to reside with him, he has to keep her with dignity and care. (Vinod Kumar Sinha, J) Sunil Shukla/- U T

Patna High Court CR. MISC. No.73696 of 2019(2) dt.25-11-2019 3/3