Vishwanath Verma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69824 of 2019 Arising Out of PS. Case No.-517 Year-2019 Thana- BUXAR District- Buxar ====================================================== VISHWANATH VERMA Son of Laxmi Seth Resident of Mohalla - Thatheri, Bazar, Buxar, P.S.- Buxar (Town), Distt - Buxar. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bachan Jee Ojha For the Opposite Party/s :
Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsels for the parties.
The petitioner, being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A,323,504 and 506/34 of the IPC. The prosecution case is that the informant was married with the petitioner and subsequently, he was blessed with a child but thereafter, torture was inflicted upon her, for non-fulfillment of dowry demands.
It is submitted by learned counsel for the petitioner that the informant has filed three cases being Complaint Case No. 38C of 2013 under Section 498A IPC and Section 4 of Dowry Prohibition Act, Complaint Case No. 17 C of 2017 under Sections 17,18,19,20 and 22 of Domestic Violence Act and Complaint Case No. 58(M) of 2013. The petitioner admits his
Patna High Court CR. MISC. No.69824 of 2019(2) dt.20-11-2019 2/2 marriage with the informant and is also making monthly payment of Rs.800/- to the informant. It is further submitted that in the earlier cases, the petitioner has been granted bail. Considering the fact that earlier also cases with similar accusation have been lodged by the informant and the fact that the petitioner is making monthly payment of Rs.800/- to the informant, let the petitioner above named be released on provisional anticipatory bail for six months in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Buxar in connection with Buxar (Town) P.S. Case No.517 of 2019 subject to the conditions laid down in Section 438(2) of the Cr.P.C.
Let the learned Court below mediate the issue between the parties and if the mediation fails due to non-cooperative attitude of the informant, then the provisional bail of the petitioner will be confirmed.
(Dinesh Kumar Singh, J) anil/- U