Lokesh Kumar Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26789 of 2024 Arising Out of PS. Case No.-4555 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Lokesh Kumar Chauhan S/o Sri Ramlal Chauhan Resident of hose no. 38 (A),Garden road, near devi mandap, adalhatu, po morabadi, P.S. - Bariyatu, Distt. - Ranchi ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Aarti Kumari D/o Kamlesh Prasad R/o vill - Dharmpur, P.O. - Mohammadpur, besides Anganwadi Kendra, P.S. - Phulwarishariff, Distt. - Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Prasad For the Opposite Party/s :
Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 24-03-2025 In pursuance to the earlier order dated 24.02.2025, both the parties appeared with their respective counsel in Chambers proceeding.
2. Heard the parties.
3. The petitioner is apprehending his arrest in connection with Complaint Case No. 4555 of 2021 for the offence under Sections 498A, 323, 504 and 34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.
4. It is a case of matrimonial dispute between the parties. Petitioner is the husband of opposite party no. 2 (complainant). Allegation against the petitioner and his family
Patna High Court CR. MISC. No.26789 of 2024(7) dt.24-03-2025 2/3 members is of torturing, assaulting and ousting the complainant from her matrimonial house due to non-fulfillment of dowry demand.
5. Learned counsel for the petitioner submits that petitioner is quite innocent, committed no offence and has been falsely implicated in this case. There is general and omnibus allegation against the petitioner for dowry demand and torture. Petitioner has never demanded any dowry from the complainant and for that never tortured her.
6. Learned Additional Public Prosecutor opposes the prayer of anticipatory bail.
7. During course of argument learned counsel for the petitioner submits that there is a counter case also vide complaint case no. 7280 of 2020 which is filed by mother-inlaw of the complainant of this case. He further submits that petitioner is ready to pay Rs. 7,000/- (seven thousand) per month as maintenance for his wife (complainant) and minor child to show his bona-fide conduct and he is also ready to pay two months advance maintenance amount at the time of filing bail bond. Regarding the above facts, petitioner is ready to file an undertaking in the Court below at the time of filing bail bond. The above amount of maintenance will be adjusted in any
Patna High Court CR. MISC. No.26789 of 2024(7) dt.24-03-2025 3/3 future allowances awarded by any competent Court. Opposite party no. 2 shall furnish his account details to the petitioner so that maintenance amount could be transferred in her account.
8. Keeping in view the aforesaid facts, let the petitioner be enlarged on anticipatory bail in the event of arrest or surrender within a period of four weeks from the receipt/production of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Patna in connection with Complaint Case No. 4555 of 2021 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(S. B. Pd. Singh, J) prabhakar/- U T