Mithlesh Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3643 of 2022 Arising Out of PS. Case No.-34 Year-2021 Thana- MAHILA P.S. District- Nalanda ====================================================== Mithlesh Chauhan Son of Nandlal Chauhan R/O Village - Nonia Bigha, P.S.- Tharthari, District- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dilchand Kumari Wife of Mithlesh Chauhan R/O Village- Bhauhar Tola Reharipar, Post- Birnawan, P.S. - Kashichak, District- Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Verma For the Opposite Party/s :

Mr. Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as Shaheen Begum, the learned Additional Public Prosecutor for the State and Kumari Sujata Sinha, the learned counsel for the informant.

The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 34 of 2021 registered for the offences punishable under Sections 498(A), 494, 323, 504/34 of the Indian Penal Code and under Section 3/4 of Dowry Prohibition Act.

Patna High Court CR. MISC. No.3643 of 2022(2) dt.10-08-2022 2/3 As per allegation, the daughter of the informant was married to the petitioner on 24.07.2020. The accused persons inflicted tourcher upon her for non-fulfillment of dowry demand of Rs. 5,00,000/- cash. On 8th July 2020, the daughter of the informant gave birth to a female child, but the petitioner and his family members did not come to visit that child. The learned counsel for the petitioner has submitted that the FIR shows itself that a female child was born only after three months of the marriage and it was the reason that it is impossible for the petitioner to keep the daughter of the informant with him.

On the other hand, the learned Additional Public Prosecutor has opposed the prayer for bail.

Considering the fact that FIR shows itself that a female child was born after three months of the marriage and it was the reason that the petitioner refused to keep the victim with him.

Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.3643 of 2022(2) dt.10-08-2022 3/3 learned S.D.J.M., Nalanda at Biharsharif in connection with Mahila P.S. Case No. 34 of 2021, subject to condition as laid down under section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) shweta/mahesh U T