Mani Madhav Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7164 of 2020 Arising Out of PS. Case No.-469 Year-2019 Thana- GARDANIBAG District- Patna ====================================================== Mani Madhav Choudhary Son of Late Madhavendra Narayan Chaudhary Resident of Village - New Alkapuri, Sumati Enclav, Flat No.302, P.S.- Gardanibagh, District. - Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sargam Chaudhary Wife of Mani Madhav Choudhary Resident of Village - Sumati Enclav, Flat No.302, P.S.- Gardanibagh, Dist.- Patna, at Present resident of Mohalla- Road No.5, House No.33, Rajiv Nagar,P.S.- Rajiv Nagar, Dist.- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suraj Narain Yadav For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-02-2022 Heard learned counsel for the petitioner, complainant and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under

Patna High Court CR. MISC. No.7164 of 2020(7) dt.16-02-2022 2/3 Sections 498(A), 341, 323, 504, 34 of the Indian Penal Code.

The basic accusation is of torture and ousting the informant from her matrimonial house.

It is submitted by learned counsel for the petitioner that for the same cause of action, the informant has lodged another case against the petitioner being Mahila P.S. Case No. 86 of 2019 on the same very date. Moreover, before lodging of the present case, the petitioner has registered a sanha against the informant. The petitioner is still ready to keep the informant as wife with full dignity and honour, though statement to that effect has not been made in the petition.

Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.7164 of 2020(7) dt.16-02-2022 3/3 (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sub-Judge-XIV-cumACJM, Patna in connection with Gardanibagh P.S. Case No. 469 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

If the informant wishes to reside with the petitioner, she will file a petition before learned Court below when it is expected from the learned Court below to issue notice to the petitioner for his appearance before learned court below. On appearance, the petitioner will be under an obligation comply the undertaking given before this Court and will take the informant to her matrimonial house to keep her as wife with full dignity and honour.

(Sunil Kumar Panwar, J) Shageer/- U T