Vikky Kumar @ Vicky Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83103 of 2023 Arising Out of PS. Case No.-31 Year-2023 Thana- MAHILA PS District- East Champaran ====================================================== Vikky Kumar @ Vicky Kumar S/O Vinod Prasad R/O Mohalla- Near Shyam Mandir, Pankaj Market, Motijheel, P.S.- Town, District- Muzaffarpur ... ... Petitioner/S
Versus
1.
The State Of Bihar 2.
Soni Kumari W/O Vikky Kumar, D/O Ram Chandra Sah R/O VillageKawalpur, P.S.- Turkauliya, District- East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Manoj, Adv.
For the Opposite Party/s :
Mr. Syed Ehteshamuddin, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner, learned counsel for the opposite party no. 2 and learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 341, 498A, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
3. Petitioner, who is husband of complainant, is said to have ousted her from the matrimonial home in association of his family members over the dowry demand.
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 drove her out of her matrimonial home nor tormented her over
Patna High Court CR. MISC. No.83103 of 2023(2) dt.08-01-2024 2/3 the demand of dowry.
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 Mahila P.S. Case No. 31 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.5,000.00 (Rupees Five Thousand) per month to the informant/complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, informant/complainant shall be at liberty to move before the learned Court below for canceling 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 issue notice to complainant for furnishing her bank account details. If
Patna High Court CR. MISC. No.83103 of 2023(2) dt.08-01-2024 3/3 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 complainant 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) annpurna/- U T