Roshan Chauhan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7065 of 2015 Arising Out of PS.Case No. -199 Year- 2014 Thana -KANKARBAGH District- PATNA ======================================================

1. Roshan Chauhan Son of Subodh Chauhan resident of village - Chaturbhuj Kishunpur, P.O. Sarhan, P.S. Pandarak, District - Patna .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Guddi Devi Wife of Roshan Chauhan resident of Mohalla - Chandmari Road No. 3, Akhilesh Path, P.O. G.P.O., P.S. Kankarbagh, District - Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gopal Jha For the Opposite Party/s : Mr. M.K. Khare(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-02-2015 Heard both sides.

The petitioner apprehends his arrest in Kankarbagh P.S. Case No. 199 of 2014, registered for the offences punishable under Sections 494, 341, 448, 323, 379 and 386 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is the husband of the complainant. The date of occurrence is 17.03.2014, but the complaint petition was filed on 28.03.2014. The complainant has simply alleged that the petitioner is her husband and thereafter the complainant in the entire complaint petition did not made any sorts of allegation against the petitioner. The complainant made allegation against accused nos.

Patna High Court Cr.Misc. No.7065 of 2015 (2) dt.20-02-2015 2/2 2, 3 and 4 and they have already been enlarged on anticipatory bail by the learned Sessions Judge.

Considering the facts that the petitioner is the husband of the complainant, but the complainant has not made any sorts of allegation in the entire complaint petition against the petitioner and against whom the allegations were made they have already been enlarged on anticipatory bail, the petitioner, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Satya Priya Anand, the learned Judicial Magistrate, 1st Class, Patna in connection with Kankarbagh P.S. Case No. 199 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T