Sonu Kumar Chaudhary @ Rajeev Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25047 of 2024 Arising Out of PS. Case No.-1712 Year-2019 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Sonu Kumar Chaudhary @ Rajeev Kumar Chaudhary SON OF Arun Chaudhary @ Arun Kumar Chaudhary Village -Nikashpur, P.O. Akha, P.S. Ujiarpur, Dist. -Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kanchan Devi Wife Of Sonu Kumar Chaudhary @ Rajeev Kumar Choudhary Village -Nikashpur, P.O. Akha, P.S. Ujiarpur, Dist. -Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Adv.

For the Opposite Party/s :

Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2024 Heard learned counsel for the parties.

2. Notice has been issued to the opposite party no.2, and has been received by the sister-in-law of the O.P. No.2.

3. A jointness petition has been filed on behalf of the petitioner stating therein that the sister-in-law of the O.P. No. 2 has received the notice and is living jointly in paternal house of the O.P. No. 2. In view of the same, let the notice be treated to be validly served upon O.P. No. 2.

4. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition

Patna High Court CR. MISC. No.25047 of 2024(6) dt.02-12-2024 2/3 Act.

5. 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.

6. Learned counsel for the petitioner submits 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. He submits that the complainant is a stubborn lady, who in order to evade her liability towards old inlaws started putting pressure upon the petitioner for separation and on that issue she left her matrimonial house and started living in her paternal house. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

7. In that view of the matter, 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

Patna High Court CR. MISC. No.25047 of 2024(6) dt.02-12-2024 3/3 C.R. No. 1712 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C..

8. If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

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