Gautam Choudhary @ Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18160 of 2023 Arising Out of PS. Case No.-8 Year-2022 Thana- MAHILA P.S District- Supaul ====================================================== GAUTAM CHOUDHARY @ GAUTAM KUMAR Son of Sri Ramji Choudhary Resident of Village and P.O.- Karnpur, P.S.- Supaul, District - Supaul, At Present Resident of C/o Hari Prasad Yadav, Krishna Sadan, Bangali Tola, P.S.- Jakkanpur, District - Patna ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sharda Kumari Wife of Gautam Chaudhary @ Gautam Kumar Daughter of Late Kedarnath Chaudhary, Resident of Lohiya Nagar, Ward No.- 6, Supaul, P.S.- Supaul, District - Supaul, Pin Code - 852131 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anuj Dilbar Krishna For the Opposite Party/s :

Mr. Yogendra Kumar Mr. Rajeev Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-07-2023 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 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 and Section 3⁄4 of the Dowry Prohibition Act.

3.

Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

Patna High Court CR. MISC. No.18160 of 2023(3) dt.24-07-2023 2/3 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 the demand of dowry. It is further submitted that prior to the lodging of the present case, the petitioner filed Matrimonial Divorce Case No.25 of 2022 on 07.01.2022 against the informant. Petitioner has no criminal antecedent. 5.

Learned APP for the State as well as learned counsel for the O.P. No.2 opposed the prayer for anticipatory bail. 6.

Having regards to the facts and circumstance of the case, 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 Mahila P.S. Supaul Case No.08 of 2022, subject to the condition as laid down under Section 438

(2) of the Cr.P.C., 7.

If so advised, either of the parties will be at liberty to make an application before the learned Court below for

Patna High Court CR. MISC. No.18160 of 2023(3) dt.24-07-2023 3/3 referring the matter to the District Mediation Center for the purpose of reconciliation or for one time settlement. 8.

Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) shikha/- U T