Chandra Bhushan Prasad @ Yogendra Prasad @ Chandrabhusan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53784 of 2016 Arising Out of PS.Case No. -424 Year- 2015 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ====================================================== CHANDRA BHUSHAN PRASAD @ YOGENDRA PRASAD @ CHANDRABHUSAN S/o late Ram Dayal Prasad R/o Vill. Dhum Nagar Kacahari tola, P.S. Nautam, Distt- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Chandrawati Devi W/o Chandra Bhushan Prasad@Yogendra Prasad , S/o late Ram Dayal Prasad R/o Vill. Dhum Nagar Kacahari tola, P.S. Nautam, Distt- West Champaran.A/P Barwat Sena, P.S. Bettiah Muffasil, Distt. West Champaran.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sharma For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is accused in Complaint Case No.424C/2015, Trial No.2437/16 registered for the offence under Section 498(A) of the I.P.C.

The prosecution case, in brief, is that the complainant who happens to be the wife of the petitioner, had earlier filed a Complaint Case No.125 C of 2014 against the petitioner and in-laws but upon undertaking of good behavior in course of investigation case was closed but again the accused persons perpetuated torturing the complainant and the petitioner

Patna High Court Cr.Misc. No.53784 of 2016 (2) dt.21-12-2016 2/2 started drinking wine and compelling the complainant to bring Rs.1/- lac from her parents. All the accused persons assaulted and ousted the complainant from their house. As such, the present complaint case has been filed.

Learned counsel for the petitioner submits that the complainant herself is not ready to continue her conjugal life any further and in collusion of her brother she has hatched up a false case with ulterior motive. He further submits that as the marriage had taken place 25 years ago and out of their wed lock they have been blessed with two sons also, the allegation of demand of dowry does not appears to be true.

Learned A.P.P. opposes the prayer for bail of the petitioner.

Looking to the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Sri Wasim Akram Khan, J.M. 1st Class, Bettiah, West Champaran, in Complaint Case no.424-C/2015, Trial No.2437/16.

(Arvind Srivastava, J) AnilKrSinha/- U T