Nagendra Prasad Chaurasiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15281 of 2024 Arising Out of PS. Case No.-601 Year-2018 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== NAGENDRA PRASAD CHAURASIYA SON OF SHAILENDRA PRASAD CHAURASIYA R/O-BHATTU BIGHA, P.S.-DEO, DISTT.-AURANGABAD ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

SHOBHA DEVI WIFE OF NAGENDRA PRASAD CHAURASIYA R/ONABINAGAR, SANICHAR BAZAR, P.O. AND P.S.-NABINAGAR, DISTT.-AURANGABAD ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar Pandey For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The notice has validly been served upon the opposite party no.2 but none appears for the opposite party no. 2.

3. The petitioner seeks anticipatory bail in connection with Complaint Case No. 601 of 2018 registered for the offence under Sections 323, 498A, 327, 341, 342, 386, 387, 467, 468 of the Indian Penal Code.

4. It has specifically been submitted by the learned counsel for the petitioner that the petitioner is ready to keep his wife but it is the wife who is not co-operating with the

Patna High Court CR. MISC. No.15281 of 2024(3) dt.01-05-2024 2/2 petitioner.

5. Considering the allegations levelled against the petitioner and also considering the law laid down by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar reported in 2014 8 SCC 273, this application is allowed.

6. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks from today is directed to be released initially on provisional anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, 1st, Aurangabad in connection with Complaint Case No. 601 of 2018 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. Thereafter, the Court below will try to settle the dispute between the parties and if the wife does not go with the petitioner because of petty reasons then the provisional anticipatory bail granted to be petitioner shall be confirmed. (Sandeep Kumar, J) Vikas/- U