Patna High CourtCR. MISC./2846/2019bail granted

Mantu Chaudhary v. The State Of Bihar And ANR

2019-03-07Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2846 of 2019 Arising Out of PS. Case No.-1359 Year-2017 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Mantu Chaudhary ... ... Petitioner/s

Versus

1.The State of Bihar

2. Kanchan Devi, Wife of Mantu Choudhary, resident of village-Saidpur,P.S.- Khizersarai, District- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No2, Advocate For the Opposite Party/s :

Mr.Jitendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-03-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Complaint Case No. 1359 of 2017, registered for offences punishable under Sections 498 (A), 323 and 379 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. As per F.I.R., allegation against the petitioner, who happens to be the husband of the opposite party No. 2, is of subjecting her to cruelty due to non fulfillment of demand of dowry and later on, the petitioner ousted his wife from his house.

Submission of the learned counsel for the petitioner is that he has falsely been implicated in this case and at the time of marriage, the age of the petitioner was near about 14-15

Patna High Court CR. MISC. No.2846 of 2019(3) dt.07-03-2019 2/2 years and as such the prosecution case appears to be not plausible and the petitioner has clean antecedent. Heard learned A.P.P. as well as learned counsel for the complainant opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, in the event of his arrest or surrender, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each in connection with Complaint Case No. 1359 of 2017, to the satisfaction of learned A.C.J.M.-VII, Gaya, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(Vinod Kumar Sinha, J) sudha/- U T