Amiya Hans @ Vijay v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65542 of 2019 Arising Out of PS. Case No.-238 Year-2019 Thana- FATUA District- Patna ====================================================== Amiya Hans @ Vijay Son of Vinda Prasad Resident of Village-Govindpur, Police Station-Fatuha, District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Usha Rani, D/o Ram Charitra Yadav, w/o Amiya Hans @ Vijay, resident Lalu Babu Ka Kucha, P.S. Chowk, District-Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Mouar, Adv.
For the State Mr. Umeshanand Pandit, APP For the O.P. No. 2 Mr. Ravi Shankar Pankaj, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2022 Heard learned counsel for the parties through virtual Court proceedings.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 323, 307, 498A, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
Petitioner, who is husband of opposite party no2., is said to have tortured the opposite party no.2 in association of his family members on non-fulfillment of dowry demand. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor
Patna High Court CR. MISC. No.65542 of 2019(7) dt.10-01-2022 2/3 tormented her over the demand of dowry. There is general and omnibus allegation levelled against the petitioner. He is still ready to keep her with full honour and dignity. Petitioner has no criminal antecedent.
However, the petitioner is ready to give Rs.10,000.00 (Rupees Ten Thousand) as maintenance to opposite party no.2 in first week of every month. If the petitioner fails to give the aforesaid amount on two consecutive dates to opposite party no.2, his bail bond shall automatically cancelled.
Learned counsel for the opposite party no. 2, under instruction, submits that opposite party no.2 undertakes to provide her bank account details to the petitioner within a period of two weeks by submitting the same on affidavit before the learned court below.
In that view of the matter, 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 Rs.25,000/- (Rupees Twenty Five 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
Patna High Court CR. MISC. No.65542 of 2019(7) dt.10-01-2022 3/3 Fatuha P.S. Case No.238/19, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T