Vikki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2626 of 2024 Arising Out of PS. Case No.-164 Year-2023 Thana- SALIMPUR District- Patna ====================================================== Vikki Kumar S/O -ARJUN Paswan R/O Village - Mularajpur Diyara, Ps - Salimpur District Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Raj Nandani Devi W/O - Vikki Kumar, D/O - Kantu Paswan R/O - Gyaspur Mahaji, Ps- Salimpur District - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhukar Anand, Advocate For the State :

Mr. Damodar Prasad Tiwary, APP For the O.P. No.2 :

Mr. Amarjeet, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State as well as learned counsel for the informant.

2. The petitioner apprehends arrest in connection with Salimpur P.S. Case No. 164 of 2023 dated 21.07.2023, instituted for the offence punishable under Sections 341, 323, 307, 326A, 498 A, 34 of the Indian Penal Code and Section 3, 4 of Dowry Prohibition Act.

3. The prosecution case, in short, is that the informant was married with the petitioner in the month of February, 2023. It is further alleged that father of the informant gave Rs. 6,00,000/- as dowry at the time of marriage but the petitioner and his family members were dissatisfied with the amount of

Patna High Court CR. MISC. No.2626 of 2024(4) dt.10-04-2024 2/3 dowry. The petitioner along with his family members started torturing her. It is further alleged that on 19.07.2023, when the informant was at her sasural, her husband and other family members assaulted her and in the meantime, acid was thrown upon the informant by her husband, which caused grievous injury to her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that petitioner is the husband of the informant and both of them are living together after the alleged occurrence without any complaint against each other. It is further stated that all the dispute between the parties have settled. Lastly, it has been submitted that the petitioner has no criminal antecedents.

5. Both the parties jointly prayed that a chance may be given to both the parties to live their life happily.

6. Learned counsel for the informant submitted that protection may be given to the informant so that she could live with the petitioner with full dignity and honour.

7. If the complainant moves before the concerned court and apprise the court about any mishappening with her by the petitioner, the court below after noticing the petitioner shall

Patna High Court CR. MISC. No.2626 of 2024(4) dt.10-04-2024 3/3 pass appropriate order in accordance with law including cancellation of bail.

8. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Salimpur P.S. Case No. 164 of 2023, he shall be released on provisional bail for six months upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st, Class, Barh, Patna subject to condition as laid down under Section 438(2) of the Cr.P.C.

9. The provisional bail of the petitioner shall be confirmed by the court below after observing the conduct of the petitioner during the period of provisional bail as well as hearing the informant.

(Khatim Reza, J) sankalp/- U T