Patna High CourtCR. MISC./28868/2014bail granted

Ful Chand Choudhary v. State Of Bihar And ANR

2015-08-26Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28868 of 2014 Arising Out of PS.Case No. -35 Year- 2013 Thana -MAHILA P.S. District- PURNIA ====================================================== Ful Chand Choudhary Son of Late Sita Ram Choudhary Resident of Village - Murballa, P.S. - Barhara Kothi, District - Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rinki Devi Wife of Ful Chand Choudhary, D/o- Naresh Bhagat Resident of Village - Murballa, P.S. - Barhara Kothi, District - Purnea. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Mallick For the Opposite Party/s : Mr. S.Dayal,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-08-2015 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 498(A), 120(B) of the Indian Penal Code registered in connection with Mahila P.S. Case No. 35 of 2013.

3. It is submitted that the petitioner has been falsely implicated and apart from the request for Rs.50,000/- to enable his mother to run the business he has not been attributed in the complaint with any demand for dowry. It is further submitted that the petitioner is having clean antecedents and ready to keep the OP No. 2, but she is reluctant to accompany him as evident even from the order of the learned Sessions Judge.

4. Despite valid service of notice upon OP No. 2 none is present on her behalf when the matter is called today.

Patna High Court Cr.Misc. No.28868 of 2014 (3) dt.26-08-2015

5. Having regard to the entirety of the facts and circumstances of the case, the provisional anticipatory bail granted to the petitioner by order dated 26.11.2014 pending in the Court of learned Chief Judicial Magistrate, Purnea in connection with Mahila P.S. Case No. 35 of 2013 is hereby confirmed. (Vikash Jain, J) Chandran U T