Vivek Vikash v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41361 of 2018 Arising Out of PS. Case No.-3026 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Vivek Vikash, Son of Gopal Prasad Sah @ Gopal Prasad, Resident of VillageMaidapur, P.S. Bochaha, District- Muzafarpur, at present resident of Tata Consultancy Service, International Tech, Park White Field Road, bangaluru (Karnataka).

... ... Petitioner/s

Versus

1. State Of Bihar.

2. Smt. Anjali Priya, D/o. Late Pramod Kumar Gupta, wife ofo Vivek Vikash, at present resident of C/o. Sri Indradeo Prasad Gupta, Indraprasth House No. 516,Mitra Mandal Colony, Saket bihar, Anisabad, P.S.- Gardanibagh, DistrictPatna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Shankar Singh For the Opposite Party/s :

Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case in which cognizance has been taken under section 498A of the Indian Penal Code and 4 of Dowry Prohibition Act. Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.41361 of 2018(2) dt.10-07-2018 2/2 petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Patna in connection with Complaint Case No. 3026 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T