Anil Chaudhary @ Anil Chaydhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13166 of 2016 Arising Out of PS.Case No. -28 Year- 2015 Thana -MAHILA PS District- GAYA ====================================================== Anil Chaudhary @ Anil Chaydhary Son of Sri Jaglal Chaudhary, Resident f Village- Pir Bigha, P.S.- Chandauti, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Anju Kumari D/o Lakhan Chaudhary, resident of Village- Pathal Pokhar, P.S.- Ghoshi, District- Jehanabad.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Chandra Bhushan Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 08-08-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 341, 323, 504/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

The basic accusation is of torture for nonfulfillment of the dowry demand. It is submitted by learned counsel for the petitioner that the petitioner denies the factum of marriage whereas it is submitted by learned counsel for the informant that the marriage was performed in a temple.

Patna High Court Cr.Misc. No.13166 of 2016 (3) dt.08-08-2016 2/2 Considering the fact that the factum of marriage is in dispute, let the above named petitioner be released on provisional anticipatory bail for six months in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate Ist, Gaya in connection with Gaya Mahila P.S. Case No. 28 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Let the learned court below conduct an enquiry with regard to factum of marriage and if it is, prima facie, found that the petitioner has not performed marriage with the informant then the provisional bail of the petitioner will be confirmed by the learned court below, but if the learned court below comes to a conclusion otherwise then the petitioner will surrender and pray for regular bail.

(Dinesh Kumar Singh, J) DKS/- U T