Allowed

Vivek Kumar v. The State Of Bihar

Patna HC21 Apr 2014CR. MISC./22113/2013

Case brief

AI extract

What is this about?

The Patna High Court granted the petitioner provisional anticipatory bail for six months amidst a dispute regarding the factum of his marriage. The court directed the lower court to investigate the marriage's existence to decide on regular bail.

What did the court decide?

Petitioner released on provisional anticipatory bail for six months subject to conditions regarding sureties, fee, and surrender for investigation into the marriage factum.

Vivek Kumar Vs The State Of Bihar — Dowry and Cruelty | Patna HC (2014)

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Patna High Court Cr.Misc. No.22113 of 2013 (6) dt.21-04-2014

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22113 of 2013

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====================================================== 1. Vivek Kumar S/O Late Nand Kishore Prasad R/O Mohalla - Hemantpur, Ward No.12, P.S. Dighwara, District - Saran At Chapra

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.... .... Petitioner/s

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Versus

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The State Of Bihar

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Kailashi Devi wife of Vibhishan Mahto, resident of village Pahalwan Nagar, Angreji Bazar, P.S. Sonepur, District Saran at Chapra .... .... Opposite Party/s

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====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER

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6 21-04-2014

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Heard learned counsels for the petitioner and the

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State.

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The petitioner is apprehending arrest in a case registered for the offences punishable under sections 498A of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

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The accusation is of torture for non fulfillment of dowry demands. The informant claims that his daughter was married to the petitioner in July, 2012 but subsequently further demand of dowry was made and the informant’s daughter was deserted.

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It is submitted by learned counsel for the petitioner that the petitioner never married with the daughter of the informant and on the alleged date of marriage the

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Patna High Court Cr.Misc. No.22113 of 2013 (6) dt.21-04-2014

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petitioner was minor.

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Though it is submitted by the learned counsel for the informant that there is joint photographs of the petitioner and the daughter of the informant which suggests the marriage between the parties but there is no other proof of marriage available at present with the informant’s daughter.

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Considering the fact that the factum of marriage is in dispute, let the petitioner be released on provisional anticipatory bail for six months in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Saran at Chapra in connection with Sonepur P.S. Case No. 477 of 2012 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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Let the learned court below get an enquiry conducted with regard to the factum of marriage between the petitioner and the daughter of informant. If the learned court below come to a conclusion that the marriage between the petitioner and the daughter of the informant was never solemnized then the provisional bail of the petitioner shall be confirmed by the learned court below but if the learned court below comes to a

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Patna High Court Cr.Misc. No.22113 of 2013 (6) dt.21-04-2014

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conclusion otherwise then the petitioner will surrender and

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pray for regular bail.

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(Dinesh Kumar Singh, J)

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Anil/-

Vivek Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Vivek Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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