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Patna High CourtCR. MISC./43972/2015bail granted

Anil Chaudhary And ORS. v. The State Of Bihar

2015-09-16Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43972 of 2015 Arising Out of PS.Case No. -656 Year- 2014 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Anil Chaudhary son of Ramishwar Choudhary.

2. Sunil Choudhary son of Ramishwar Choudhary.

3. Jyoti Rani D/o Umesh Choudhary, W/o- Arvind Kumar Choudhary.

4. Umesh Choudhary son of Jamuna Choudhary.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhim Sen Prasad For the Opposite Party/s : Mr. Vinod Shankar Modi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-09-2015 Heard learned counsels for the petitioner and the State. The petitioner nos. 1 and 2 being the brother, petitoner no.3 being the wife and petitioner no.4 being the father-in-law of Arbind Kumar with whom the informant claims to have married are apprehending arrest in a case registered for the offences punishable under Sections 498A, 494, 323, 376, 313, 493 and 406/34 of the Indian Penal Code.

The prosecution case is that the informant Soni Kumari @ Soni Devi was married with one Manoj Yadav subsequently her marriage with Manoj Kumar was dissolved and thereafter while she was working in beauty parlor, Arvind Kumar Choudhary came in her contact and on promise of marriage he established physical relationship and thereafter married with the informant. It is also

Patna High Court Cr.Misc. No.43972 of 2015 (2) dt.16-09-2015 2/2 alleged that Arvind Kumar Choudhary got the pregnancy terminated. It is alleged against the petitioners that the petitioners made assault to the informant as they were not ready to keep the informant in the matrimonial house.

It is submitted by learned counsel for the petitioner that the thrust of accusation is against Arvind Kumar Choudhary who is married with petitioner no.3, Jyoti Rani. There is no proof with regard to marriage between the informant and Ashok Kumar Choudhary.

Considering the thrust of accusation against Arvind Kumar Choudhary, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Lakhisarai in connection with Lakhisarai P.S. Case No. 656 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T