Shyam Sundar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29314 of 2021 Arising Out of PS. Case No.-25 Year-2020 Thana- KHUDWA District- Aurangabad ====================================================== SHYAM SUNDAR CHAUDHARY, (M), aged about 32 years, Son of Ramchandra Chaudhary @ Ramchandra Mallah, Resident of Village - Sagarpur, P.S.- Khudwan, District - Aurangabad (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Leelawati Kumari. Advocate For the Opposite Party/s :
Ms. Shaheen Begum, App ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-10-2021 Heard learned counsel for the parties.
Petitioner apprehends his arrest in a case registered for the offence punishable under Sections 498A / 365 of the Indian Penal Code.
Informant has alleged that his sister, namely, Dharmshila Devi, was married to petitioner in the year 2005 and from said wedlock, two children were born. On 27.04.2020, she telephonically told the informant that her in-laws were torturing her and thereafter, her mobile was switched off. On 31.05.2020, the informant went to matrimonial home of his sister, where she was not found. Further, it is alleged that husband of the informant's sister told the informant that Dharmshila had gone to her Mayke and later on he told that she has gone to the house of her Bua at village Deo. It has been submitted on behalf of the petitioner that
Patna High Court CR. MISC. No.29314 of 2021(3) dt.25-10-2021 2/3 he is innocent and has falsely been implicated in this case, as the allegation of torture and demand of dowry is false and concocted. It is further submitted that petitioner has pasted several photographs with pamphlet in public place to trace about his missing wife and petitioner himself is searching her hither and thither but she could not be traced. It is contended that son and daughter of petitioner aged about 14 years and 6 years respectively are living with petitioner at village Sagarpur and petitioner is looking after them.
From the records, it appears that witnesses examined have divulged that there was often quarrel between the petitioner and victim and on earlier occasions she used to go to her parental home and return after sometime and lastly she was seen on 28.05.2020, but thereafter she is missing. Her mobile was found to be active from 28.05.2020 to 30.05.2020 in which she had conversation with other persons.
Petitioner has no criminal antecedent.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- with two sureties of the like
Patna High Court CR. MISC. No.29314 of 2021(3) dt.25-10-2021 3/3 amount each to the satisfaction of learned court below where the case is pending in connection with Khudwan P.S. Case No.25 of 2020 subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(S. Kumar, J) Sanjay/- U T