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Patna High CourtCR. MISC./6918/2017allowed

Pannu Chaurasiya @ Mannu Chaurisiya @ Shrawan Chaurasiya v. State Of Bihar And ANR

2017-02-13Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6918 of 2017 Arising Out of PS.Case No. -523 Year- 2016 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ====================================================== Pannu Chaurasiya @ Mannu Chaurisiya @ Shrawan Chaurasiya, Son of late Sitaram Chaurasiya, resident of Village:- Ram Bazar, Police Station:- Hasua, District- Nawadah.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Jaymanti Devi, Wife of Mannu Chaurasiya @ Pannu Chaurasiya, @ Shrawan Chaurasiya, resident of Village- Ram Bazar, P.S. Hisua, DistrictNawada. At present daughter of Bhagwan Chaurasiya, resident of Village:- Kochara, P.S.:- Khudaganj, District- Nalanda. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Arjun Prasad, Advocate. For the State : Mr. Md. Ashlam Ansari, A.P.P. 241. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No.523 of 2016 for the offences instituted under Sections 323, 324 and 498(A) of the IPC. The prosecution story, in brief, is that the complainant was married with this petitioner. Soon after the marriage, she got knowledge that her husband has developed illicit relationship with his Bhabhi. On protest, she was beaten by both of them. She has two children out of the wedlock. In the year 2004, she filed a case

Patna High Court Cr.Misc. No.6918 of 2017 (2) dt.13-02-2017 2/3 for assault and dowry demand but the matter was compromised due to intervention of well wishers. In the year 2008 again case was lodged by her but the matter was also compromised. On 28.05.2016, the petitioner assaulted the complainant with iron rod and his Bhabhi Urmila Devi assaulted with knife and snatched ornaments and tried to kill her. A panchayati was held for the said occurrence but the petitioner denied to break his illicit relationship with his Bhabhi.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. He has falsely been implicated in the present case. It is further submitted that the complainant is residing in the same house as that of the petitioner. The allegation made in the complaint petition is denied by the petitioner.

On behalf of the State, it has been submitted that the petitioner is named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 in connection with Complaint Case No. 523 of 2016 on furnishing bail bond of Rs. 10,000/-(Ten

Patna High Court Cr.Misc. No.6918 of 2017 (2) dt.13-02-2017 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. IIIrd, Nawada, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T