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Patna High CourtCR. MISC./82784/2023allowed

Vikash Kumar Rai @ Bikas Kumar Ray @ Bikas Kumar v. The State Of Bihar

2024-04-03Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82784 of 2023 In CRIMINAL MISCELLANEOUS No.71817 of 2021 Arising Out of PS. Case No.-276 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== VIKASH KUMAR RAI @ BIKAS KUMAR RAY @ BIKAS KUMAR SON OF SURENDRA RAI RESIDENT OF VILLAGE - MAKHDUMPUR, P.S. AND DISTRICT - VAISHALI ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

PUJA KUMARI WIFE OF VIKASH KUMAR RAI RESIDENT OF VILLAGE - MAKHDUMPUR, P.S. AND DISTRICT - VAISHALI ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prakash Chandra For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-04-2024 Heard the parties.

2. This application has been filed on behalf of the petitioner for modification of the order dated 4.4.2022 passed in Cr. Misc. No. 71817 of 2021.

3. Despite valid service of notice, the O.P. No. 2 has chosen not to appear.

4. It has been submitted by the learned counsel for the petitioner that the O.P. No. 2 is now staying with the petitioner and therefore she has chosen not to appear.

5. Be that as it may, the case against the petitioner was filed under Section 498A of the Indian Penal Code and now

Patna High Court CR. MISC. No.82784 of 2023(4) dt.03-04-2024 2/2 the O.P. No. 2 is staying with the petitioner, therefore, this application is allowed.

6. Let the petitioner, above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like mount each to the satisfaction of learned Judicial Magistrate, 1st Class, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 276 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sandeep Kumar, J) Vikas/- U T