Navin Kumar Choudhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11915 of 2015 Arising out of PS.Case No. -63 Year- 2014 Thana -BASOPATTI District- MADHUBANI ====================================================== Navin Kumar Choudhary, S/o Ramesh Choudhary, resident of Village Babhandei Chock, P.S. Basopatti, District Madhubani. .... .... Petitioner

Versus

1. The State of Bihar.

2. Neha Kumari D/o Satya Narayan Prasad Resident of Village Karuna, P.S. Harlakhi, District Madhubani.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. Sunil Kumar, Advocate. For the State : Mr. A.M.P.Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-09-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Basopati P.S. Case No. 63 of 2014 for the offences instituted under Sections 341, 323, 379, 506/34 of the I.P.C. and 3⁄4 of the D. P. Act.

The accusation is of torture for non-fulfilment of dowry demand.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and the charge sheet has been submitted in the present case for the offence under Section 498(A) of the IPC. It has further been submitted that the marriage

Patna High Court Cr.Misc. No.11915 of 2015 (4) dt.03-09-2015 2/2 itself is a disputed fact but in spite of that the petitioner is ready to deposit an amount of Rs. 1,000/- per month in the court below which may be released in favour of the opposite party no. 2 till the issue of marriage is not decided by the competent court. On behalf of the State and opposite party no. 2 it has been submitted that the petitioner is named in the F.I.R. and he is the husband of the opposite party no. 2.

Considering the aforesaid facts and circumstances it is directed that the petitioner shall deposit an amount of Rs. 1,000/- per month in the court below which shall be released in favour of the opposite party no. 2, subject to any final order passed by any competent court in respect to deciding the issue of marriage, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of four weeks from today in connection with Basopatti P.S. Case No. 63 of 2014, on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Madhubani, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T