Pradeep Chaurasiya @ Pradeep Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30244 of 2024 Arising Out of PS. Case No.-478 Year-2023 Thana- BAGHA District- West Champaran ====================================================== Pradeep Chaurasiya @ Pradeep Prasad SON OF Late Raja Ram Chaurasiya Resident of Village-Tribhawani P.S- Bhairoganj , District- West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Munni devi wife of pradeep chaurasiya Resident of Village and post officeTribhawani , P.S- Bhairoganj , District- West Champaran At present village -Ahwar , P.O-Ahwarsheikh, police station-majhauli, District-west champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anand Kishore Choudhary For the Opposite Party/s :
Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Bagaha (Bhairoganj) P.S. Case No. 478 of 2023 dated 05.07.2023 registered for the offence/s punishable u/s 498A , 494 read with section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant mentally and physically and ousted her from the matrimonial house due to non-fulfillment of demand of dowry. It is further
2/4 submitted that the petitioner contracted second marriage.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the husband of the informant. The petitioner neither demanded any dowry nor tortured the informant. There is general and omnibus allegation against the petitioner. The present case has been filed after 23 years of marriage. It is further submitted that informant herself left the matrimonial house after taking her households items and Rs. Five lakhs from the petitioner and a document to this effect was also prepared in the office of Local Mukhiya. Learned counsel for the petitioner has relied upon the judgment of this Court in the case of "Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182."
Learned counsel has further submitted that Section 498A of the IPC is triable by the Magistrate. Learned counsel has further relied on the judgments in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and Another (2022) 10 SCR 351 and Md. Asfak Alam Vs. The State of Jharkhand & Anr passed in Criminal Appeal No(s). 2207 of 2023 arising out of Special Leave Petition (CRL.) No. 3433 of 2023.
3/4 stated at para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Bagaha, West Champaran in connection with Bagaha (Bhairoganj) P.S. Case No. 478 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition/s:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.
4/4
8. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T