Vipin Sharma @ Vipin Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87677 of 2024 Arising Out of PS. Case No.-176 Year-2024 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Vipin Sharma @ Vipin Kumar Sharma S/o Baleshwar Sharma Resident of village - Badahara, Ps- Gopalpur, District- Gopalganj ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Anita Devi W/o Vipin Sharma R/o vill - Badahra, P.S. - Gopalpur, Distt.- Gopalganj. At present D/o Late Achhelal Sharma, R/o vill - Padaria, P.O. - Sarsar, P.s.- Siwan Muffasil, Distt.- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Dubey, Advocate For the Opposite Party/s :
Mr. Lakshmi Kant Sharma, APP For the O.P. No.2 : Mr.Bijay Prakash Singh, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2.
2. The petitioner apprehends for the offence punishable under Sections 341, 323, 498A, 504 and 506/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
3. Petitioner is the husband of opposite party no.2. The allegation is of demand of dowry and torture. In compliance of the order dated 19.04.2025, the parties are personally present in the Court.
4. After brief interaction, it is submitted by learned counsel for the petitioner that no settlement between the parties is possible at this stage. Petitioner is ready to keep the
Patna High Court CR. MISC. No.87677 of 2024(4) dt.07-05-2025 2/3 informant with full honor and dignity rather it is the informant who is not desirous to continue with the matrimonial relationship.
5. The application has been opposed by the learned APP for the State and learned counsel for the opposite party no.2 supporting the allegation made in the first information report.
6. At this stage, the petitioner offers to give Rs.3000/- (Rupees Three Thousand) per month to opposite party no.2 in the first week of every month. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding.
7. In such 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 four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten 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 Siwan Muffasil P.S. Case No.176 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and subject to the further condition that the petitioner shall cooperate in the
Patna High Court CR. MISC. No.87677 of 2024(4) dt.07-05-2025 3/3 investigation/trial.
8. Learned counsel for the opposite party no.2, under instruction, submits that the opposite party no.2 undertakes to provide her bank account details to the petitioner within a period of two weeks from today. If the opposite party no.2 furnishes the bank account in which the amount can be transferred, and yet the petitioner fails to give the aforesaid amount on two consecutive dates to opposite party no.2, the opposite party no.2 would be at liberty to file cancellation of bail.
9. Accordingly, this application stands disposed of. (Soni Shrivastava, J) Trivedi/- U T