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Patna High CourtCR. MISC./32958/2014bail granted

Mani Bhushan Chaudhary @ Bambam Chaudhary And ORS v. State Of Bihar And ANR

2015-02-06Mr. Justice Prabhat Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32958 of 2014 Arising Out of P.S. Case No. -463 Year- 2013 Thana - COMPLAINT CASE District- SUPAUL ======================================================

1. Mani Bhushan Chaudhary @ Bambam Chaudhary, S/O Surya Narayan Chaudhary

2. Surya Narayan Chaudhary, S/O Mahatap Chaudhary

3. Sita Devi, W/O Surya Narayan, All R/O Vill - Dharah (Arahara), P.S. - Raghopur, Distt - Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Neema Devi, W/O Mani Bhushan Chaudhary, C/O Rajendra Chaudhary, R/O Supaul Ward No. - 17, P.S. + Distt - Supaul. .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-02-2015 Heard both sides.

The petitioners apprehend their arrest in Complaint Case No. 463(C) of 2013 registered under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. Neema Devi, the wife of the petitioner no. 1, made allegations against her husband, father-in-law and mother-in-law that they all subjected her to physical and mental torture. Her father-in-law and mother-in-law sprinkled kerosene oil and her husband wanted to burn her.

Learned counsel for the petitioners submits that the petitioner no. 1 was married with the complainant about seven

Patna High Court Cr.Misc. No.32958 of 2014 (2) dt.06-02-2015 2/3 years ago. The complainant has got one son, aged about six years. The husband is always ready to keep his wife. Considering the fact that the petitioner no. 1 is ready to keep his wife, the above named petitioner no. 1 is directed to surrender in the court below within four weeks from today and the court below shall grant provisional bail to the petitioner no. 1 for two months on furnishing bonds in the sum of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Supaul in Complaint Case No. 463(C) of 2013 The court below shall also issue notice to the complainant and make all efforts for reconciliation of the dispute between the husband and the wife.

If the dispute is resolved amicably between the parties, the provisional bail so granted to the petitioner no. 1 shall be confirmed. In case the dispute is not resolved, the court below shall pass orders on the prayer for bail of the petitioner no. 1 on its own merit in accordance with law. So far as the case of petitioners no. 2 and 3 are concerned, considering the fact that the marriage was solemnized seven years ago and petitioners no. 2 and 3 are the father-in-law and the mother-in-law of the complainant, the above named petitioners no.

Patna High Court Cr.Misc. No.32958 of 2014 (2) dt.06-02-2015 3/3 within four weeks from today and the court below shall grant bail to the petitioners no. 2 and 3 on furnishing bonds in the sum of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Supaul in Complaint Case No. 463(C) of 2013.

(Prabhat Kumar Jha, J) Dilip/- U T