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Vikash Kumar Jha v. The State of Bihar

Patna HC28 Jul 2023CR. MISC./39925/2023

Case brief

AI extract

What is this about?

The Patna High Court granted pre-arrest bail to the petitioner in a case alleging cruelty and dowry harassment. The Court directed the filing of an affidavit undertaking to live with the wife with dignity and fulfill her physical and financial needs. Upon filing such an affidavit within four weeks, the petitioner will be released on bail with a bond of Rs. 25,000 and two sureties.

What did the court decide?

Petitioner directed to file an affidavit undertaking to keep his wife with dignity and fulfill her requirements. If filed within four weeks, he shall be released on pre-arrest bail on furnishing a bon

Vikash Kumar Jha Vs The State of Bihar — Domestic Violence | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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CRIMINAL MISCELLANEOUS No.39925 of 2023

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Arising Out of PS. Case No.-3 Year-2023 Thana- MAHILA PS District- Darbhanga

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======================================================

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Vikash Kumar Jha, aged about 32 years, Gender – Male, S/o Vedanand Jha, Resident of Village- Muraitha, P.S- Jale, District- Darbhanga.

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vishwajeet Kumar Mishra, Advocate For the Opposite Party/s : Mr. Pradeep Narain Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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2 28-07-2023

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Heard Mr. Vishwajeet Kumar Mishra, learned

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counsel appearing on behalf of the petitioner and Mr. Pradeep Narain Kumar, learned APP for the State.

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The petitioner seeks pre-arrest bail in connection with Mahila P.S. Case No. 03 of 2023 dated 18.01.2023 registered for the offence punishable under Sections 323, 498(A) and 34 of the Indian Penal Code read with Section 3/4 of the Dowry Prohibition Act.

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As per the allegation made in the FIR by the wife of the petitioner, the petitioner had demanded rupees five lacs and upon non-fulfillment of the same, he had tortured her.

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Learned counsel appearing on behalf of the

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Patna High Court CR. MISC. No.39925 of 2023(2) dt.28-07-2023 2/3

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petitioner submitted that petitioner is ready to live along with the informant, who is his legally wedded wife and he will also fulfill all physical and financial requirement and he will file an affidavit to that effect before the Court below. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

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Learned APP for the State submitted that the matter relates to dispute between husband and wife and that can be resolved amicably.

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Considering the nature of allegation made against the petitioner, the petitioner is directed to file an affidavit making specific undertaking that he is ready to keep the informant, who is his legally wedded wife with full dignity and honour and will also fulfill all physical as well as financial requirement to her.

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In case such affidavit is filed, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Darbhanga, in connection with Mahila P.S. Case No. 03 of 2023

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Patna High Court CR. MISC. No.39925 of 2023(2) dt.28-07-2023 3/3

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dated 18.01.2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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(Purnendu Singh, J)

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Niraj/-

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U T

Vikash Kumar Jha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vikash Kumar Jha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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