Raju Chero v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15169 of 2023 Arising Out of PS. Case No.-131 Year-2020 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== RAJU CHERO Son of Rajendra Chero R/o village - Jamuninar, P.S.- Adhoura, District - Kaimur at Bhabua ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Anita Devi Wife of Raju Chero D/o Hari Chero, R/o village - Jamuninar, P.S.- Adhoura, District - Kaimur at Bhabua at present resident at her parent village Badalgarh, P.S.- Chenari, District - Rohtas at Sasaram, Mob.- 8271061043.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tribhuwan Narayan, Adv.
For the Opposite Party/s :
Mr.Ajay Kumar No. 2, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Notice has validly been served upon the complainant, but nobody appears on her behalf.
3. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 498A, 504, 379 of the Indian Penal Code and 3⁄4 of D.P. Act.
4. Petitioner, who is husband of the complainant, is said to have tortured upon her physically and mentally and ousted her from the matrimonial home in association of his family members over the dowry demand.
5. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No
Patna High Court CR. MISC. No.15169 of 2023(3) dt.20-07-2023 2/2 such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that the complainant has solemnized second marriage with one Ajay Chero, which is also mentioned in para 12 of the bail application. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
6. Learned APP for the State opposed the prayer for bail.
7. Having regard to the facts and circumstances of the case, as the complainant has solemnized second marriage, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No. 131 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T