Ashutosh Choudhary @ Kailu Choudhary v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21884 of 2019 Arising Out of PS. Case No.-55 Year-2018 Thana- MAHILA P.S. District- Banka ====================================================== Ashutosh Choudhary @ Kailu Choudhary, Son of Sri Pramod Chaudhary, R/o village- Bajartar, P.S- Khesar, District- Banka ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Renu Devi @ Renu Kumari, D/o Gajjo Sah, R/o village- Desua, P.S- Khesar, District- Banka ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :
Mr. Ajay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-07-2019 This is an application for grant of anticipatory bail in connection with Banka Mahila P.S. Case No. 55 of 2018, disclosing offences under Sections 498A/34 of IPC and Section 3⁄4 of Dowry Prohibition Act.
Allegation against the petitioner is that after marriage he started demanding Rs.5,00,000/- and a bullet motorcycle and for that, started abusing her and ousted her from the house by snatching her all ornaments.
Learned counsel for the petitioner has drawn my attention towards Annexure 2 informatory petition filed by the informant herself before C.J.M., Banka, in which she has given a complete different story that falsify the allegation as mentioned in the F.I.R. It has been submitted that all the
Patna High Court CR. MISC. No.21884 of 2019(5) dt.22-07-2019 2/2 allegations are false and concocted and he denied the factum of marriage.
Heard learned A.P.P. as well as learned counsel for the opposite party no.2 also, they have denied that she has filed any informatory petition before the court and she is ready for D.N.A. Test.
Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Sub- Divisional Judicial Magistrate, Banka, in connection with Banka Mahila P.S. Case No. 55 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition that he is to co-operate in the investigation.
(Vinod Kumar Sinha, J) Sunil Shukla/- U T