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Patna High CourtCR. MISC./8075/2020allowed

Ajay Kumar @ Ajay Chaudhary v. The State Of Bihar

2020-03-03Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8075 of 2020 Arising Out of PS. Case No.-89 Year-2019 Thana- SANJHOLI District- Rohtas ====================================================== Ajay Kumar @ Ajay Chaudhary, Son of Hakim Chaudhary Resident of Village- Udaypur, P.S.- Sanjhauli, District- Rohtas. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Kusum Devi Wife of Ajay Kumar @ Ajay Chaudhary, Daughter of Bangali Chaudhary Resident of Village- Udaypur, P.S.- Sanjhauli, District- Rohtas. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Nagendra Upadhyay, Advocate For the State :

Mrs.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner, who is the husband of the informant, is apprehending arrest in connection with Sanjhauli P.S. Case No. 89 of 2019 for offences under Section 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

The allegation against the petitioner is that he has tortured opposite party no. 2 for non-fulfillment of dowry demand.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and marriage between the petitioner and opposite party no. 2 took place in the year 2016.

Patna High Court CR. MISC. No.8075 of 2020(2) dt.03-03-2020 2/2 The petitioner is ready to keep his wife (opposite party no. 2) with full honour and dignity.

Considering the aforesaid and in order to restore normalcy in conjugal life between the petitioner and opposite party no.2, this Court is inclined to grant bail to the petitioner. Let petitioner, above-named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bikramganj, Rohtas in connection with Sanjhauli P.S. Case No. 89 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. In the event the petitioner neglects, misbehaves or torture the complainant (opposite party no. 2), the court below shall be at liberty to cancel his bail bond.

(Anil Kumar Upadhyay, J) BT/- U