Govind Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16425 of 2023 Arising Out of PS. Case No.-221 Year-2020 Thana- BIRAUL District- Darbhanga ====================================================== GOVIND CHOUDHARY S/O SUPARI LAL CHOUDHARY Resident of Village- Sasaram Tola Bathnaha, P.S.- Biraul,District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

ANJANI RAI S/O LATE RAMRATHI RAI Resident of Village and Post Office- Mahwa, P.S.- Biraul, District- Darbhnaga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kaushalesh Choudhary For the Opposite Party/s :

Mr. Nagendra Prasad Mr. Pankaj Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-10-2023 Heard learned counsel for the for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A and other allied Sections of the Indian Penal Code.

3. Petitioner, who is husband of the daughter of informant, is said to have ousted her from the matrimonial home in association of his family members over the dowry demand.

4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over

Patna High Court CR. MISC. No.16425 of 2023(4) dt.16-10-2023 2/3 the demand of dowry. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182.

5. In that view of the matter, 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 Biraul P.S. Case No.221 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

6. Petitioner is ready to pay Rs.4000.00 (Rupees Four Thousand) per month to the informant's daughter in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, informant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

7. It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

Patna High Court CR. MISC. No.16425 of 2023(4) dt.16-10-2023 3/3

8. Learned counsel for the informant is directed furnish the bank account details of informant's daughter in the learned Court below. If she fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the informant after she furnishes her bank account details.

9. If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

10. With the aforesaid observation and direction, this application stands disposed of.

(Anjani Kumar Sharan, J) shikha/- U T