Vikash Kumar Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 74832 of 2018 Arising Out of PS. Case No.-1 Year-2017 Thana- SIDHWALIYA District- Gopalganj ====================================================== Vikash Kumar Rai, Son of Praduman Rai, Resident of Village- Titira, Police Station- Mairwa, District- Siwan.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Rajni Kumari, D/o Late Chandrika Rai, Resident of Village- Sher, Police Station- Sindhwalia, District- Gopalganj.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner apprehends arrest in a case registered under Section 498A of Indian Penal Code and Sections 3⁄4 of Dowry Prohibition Act.

It is submitted by the petitioner's counsel that the petitioner is still willing to keep his wife with full honour and dignity but she has chosen to abandon the matrimonial home. This Court will find that the petitioner was allowed provisional bail on the condition that he had agreed to keep his wife with full honour and dignity and having availed of such privilege, the petitioner is alleged to have violated the same.

Patna High Court Cr.Misc. No.74832 of 2018(2) dt.19-12-2018 2/2 The wife has filed the complaint alleging that she was being subjected to mental and physical torture and assault by the petitioner. In the circumstances, the petitioner's provisional bail has been cancelled.

Considering the nature of allegation, this Court does not find it a fit case to grant privilege of anticipatory bail to the petitioner. Prayer is rejected.

(Madhuresh Prasad, J) M.E.H./- U T