Vakil Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24322 of 2019 Arising Out of PS. Case No.-1823 Year-2015 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== VAKIL CHAUDHARY S/o Bhola Chaudhary R/o village- Maheshpur, P.S.- Mojahidpur, District- Bhagalpur ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Sugni Devi D/o Sri Naresh Chaudhary R/o village- Sardarpur, PostChampanagar, P.S.- Nathnagar, District- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2019 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Complaint Case No.1823 of 2015 , registered for offences punishable under Sections 323, 307, 498(A) of the Indian Penal Code and Sections 3⁄4 of the D.P.Act..

Case is under Section 498(A) of the IPC with allegation of demand and torture.

Submission of the learned counsel for the petitioner is that the allegations are false and concocted and he is ready to keep her with dignity and even Dast Summon was issued to the O.P.no.2 but she refused to accept the notice with respect

Patna High Court CR. MISC. No.24322 of 2019(9) dt.17-10-2019 2/2 to that he has also filed an affidavit to the effect. It has also been submitted that he has got information that the O.P.no.2 has married to some other person.

Heard learned A.P.P. also. In this case, it appears that no body appears on behalf of O.P.no.2 in spite of service of Dast Summon notice.

Having heard both sides. and in view of the facts and circumstances, as stated above, this application is allowed and the provisional bail vide order dated 19.4.2019 granting bail to the petitioner is confirmed on the condition that if O.P.no.2 is ready to reside with the petitioner, he will keep her with dignity and care.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T