Deepak Chaudhary @Deepak Choudhary @Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25165 of 2022 Arising Out of PS. Case No.-10 Year-2019 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== DEEPAK CHAUDHARY @DEEPAK CHOUDHARY @DEEPAK KUMAR Son of Late Shiv Choudhary @ Late Sheo Choudhary Resident of Village -Dandari, P.s.- Dandari, Distt.- Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kajal Kumari W/o Deepak Chaudhary @ Deepak Choudhary, D/o Shankar Choudhary Resident of Village - Manjhaul, Bishhar Asthan, P.S.- Cheriya Bariyarpur, Distt.- Begusarai.

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Adv.

For the State :

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-01-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 10C of 2019, registered for the offences punishable under Sections 323, 498 (A), 494, 406, 380, 120(B) of the Indian Penal Code and also under Section 3⁄4 of Dowry Prohibition Act.

It is a case of matrimonial dispute. The complainant

Patna High Court CR. MISC. No.25165 of 2022(4) dt.16-01-2023 2/3 has made allegation that she was tortured by her husband (petitioner) for non-fulfilment of dowry demand. Her husband has solemnized the second marriage with one Mona Devi. The learned counsel for the petitioner has submitted that, as per service report of registered post, the petitioner has solemnized his second marriage, when she (complainant) was not residing at her residence. As per service report of ordinary process, her brother has received the notice on her behalf but none appeared on behalf of the opposite party no. 2. In order to explore the possibility of amicable resolution, the notice was sent. The service report shows that she was residing in her matrimonial house.

Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Manjhaul, Begusarai in connection with Complaint Case No. 10C of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the

Patna High Court CR. MISC. No.25165 of 2022(4) dt.16-01-2023 3/3 petitioner within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) kundan/-Nirmal U T