Patna High CourtCR. MISC./75205/2024bail granted

Vicky Kumar @ V.K. Roy v. The State Of Bihar

2025-04-15Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75205 of 2024 Arising Out of PS. Case No.-481 Year-2023 Thana- COMPLAINT CASE District- Lakhisarai ====================================================== Vicky kumar @ V.K. Roy S/o Munna Mandal @ Munna kumar R/o vill - Mugalsarai, Manas Nagar Colony, Building No. 169/E, P.S. - Alinagar, Distt. - Chandauli Uttar Pradesh ... ... Petitioner/s

Versus

The State of Bihar 2.

Vibha Kumari W/o Vicky Kumar @ V.K. Roy, D/o Anil Ray R/o vill - Karari Pipariya, P.O. - Pipariya, P.S. - Pipariya, Distt. - Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tribhuwan Narayan, Adv.

For the State :

Ms. Shaheen Begum, APP.

For the Complainant :

Mr. Ram Sumiran Rai, Adv.

====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 15-04-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the complainant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A), 506, 379, 323, 341/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act, but the cognizance has been taken only under Section 498(A) of the Indian Penal Code.

3. The instant case arises out of the complaint filed by the opposite party no.2, wife of the petitioner, alleging therein that there was demand of Rs. 2 lacs and the consequent torture upon her.

4. It is submitted by learned counsel for the petitioner that the petitioner is the husband of the opposite party

Patna High Court CR. MISC. No.75205 of 2024(4) dt.15-04-2025 2/3 no.2/complainant. All the allegations levelled against the petitioner is totally absurd and based on concocted facts. It is further submitted that the petitioner was initially ready to keep the complainant with him with full dignity and honour and he had also filed a case under Section 9 of the Hindu Marriage Act, which is annexed as Annexure-P/2 of the present application. The further submission made on behalf of the petitioner is that another complaint case, i.e., Complaint Case No. 234 of 2024 was filed by the father of the petitioner also as his wife and her family members had forcibly taken away household articles, ornaments and cash from his house.

5. Vide order dated 29.01.2025, it would appear that earlier the matter was referred to the Medication Centre, Patna High Court for resolving the dispute between the parties. The report received from the Mediation Centre, however, discloses that the said mediation between the parties failed.

6. Petitioner is ready to pay Rs.3500.00 (Rupees Three Thousand Five Hundred) per month to the complainant in the second week of every month.

7. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of

Patna High Court CR. MISC. No.75205 of 2024(4) dt.15-04-2025 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No. 481 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

8. It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

9. Learned counsel for the complainant is directed to furnish the bank account details of the complainant in the learned Court below. If the complainant fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the complainant after she furnishes her bank account details. If the petitioner fails to pay the aforesaid amount on two consecutive months, the complainant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

10. Accordingly, this application stands disposed of. (Soni Shrivastava, J) divyanshi/- U T