Vivek Kumar Jha @ Vivek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78770 of 2023 Arising Out of PS. Case No.-103 Year-2023 Thana- MADHEPUR District- Madhubani ====================================================== VIVEK KUMAR JHA @ VIVEK KUMAR SON OF SRI LALIT JHA RESIDENT OF VILLAGE - MADHEPUR WEST WARD NO.2, P.S. - MADHEPUR, DISTRICT - MADHUBANI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Vaishnavi Singh, Adv.
For the Opposite Party/s :
Ms.Veena Kumari Jaiswal, APP.
Mr. Ratnakar Jha, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2023 Heard learned counsel for the for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 498(A), 504, 506, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
3. Petitioner, who is husband of informant, is said to have tortured upon her physically and mentally and ousted her from the matrimonial home in association of his family members over the dowry demand. They also threatened to kill her.
4. 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
Patna High Court CR. MISC. No.78770 of 2023(2) dt.12-12-2023 2/3 drove her out of her matrimonial home nor tormented her over the demand of dowry. The real fact is that when the petitioner after the marriage took his wife along with him at the place where he was working, she started misbehaving with him and was not ready to reside there and thereafter, finding no way out, petitioner filed a divorce suit in the Court of learned Principal Judge, Family Court, Khatima District Udham Singh Nagar. Petitioner has also filed a complaint case against the present informant and her brother being Complaint Case No. 695C of 2022. Petitioner has no criminal antecedent.
5. 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 Madhepur P.S. Case No. 103 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,
6. Petitioner is ready to pay Rs. 3,000.00 (Rupees Three Thousand) per month to the informant in the second week of every month. If the petitioner fails to pay the aforesaid amount
Patna High Court CR. MISC. No.78770 of 2023(2) dt.12-12-2023 3/3 on two consecutive months, informant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.
7. 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.
8. Learned counsel for the informant is directed to furnish the bank account details of the informant. If she fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the informant after she furnishes her bank account details.
9. If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.
10. With the aforesaid observation and direction, this application stands disposed of.
(Anjani Kumar Sharan, J) divyanshi/- U T