Dhananjay Kumar Choubey @ Dhananjay Choubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30653 of 2022 Arising Out of PS. Case No.-5 Year-2022 Thana- MAHILA P.S. District- Saran ====================================================== Dhananjay Kumar Choubey @ Dhananjay Choubey S/o Ramesh Choubey R/o village- Atarsan, P.S.- Rasulpur, District- Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Reema Kumari W/o Dhananjay Kumar Choubey @ Dhananjay Choubey, D/o Dayanath Upadhyay R/o village- Banpura (Pakwainar), P.S.- Rasulpur, District- Saran at Chapra.

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

For the Petitioner :

Mr. Radha Mohan Singh, Advocate For the State :

Ms. Gulnar Begum, APP For the Informant :

Mr. Nalin Vilochan Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-09-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.

Petitioner, who is husband of O.P. No.2, is said to have ousted her from her matrimonial home in association of his family members over the dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drover her out of her matrimonial home nor tormented her over

Patna High Court CR. MISC. No.30653 of 2022(2) dt.08-09-2022 2/3 the demand of dowry. He is still ready to keep her with full honour and dignity. 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.

In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Mahila P.S. Case No.05 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. Petitioner is ready to pay Rs.10,000/- (rupees ten thousand) per month to O.P. No.2 in the second week of every month for a period of one year. If the petitioner fails to pay the aforesaid amount on two consecutive months, the O.P. No.2 shall be at liberty to move before the learned court below for cancelling the bail bond of the petitioner.

It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial

Patna High Court CR. MISC. No.30653 of 2022(2) dt.08-09-2022 3/3 maintenance case or any other collateral proceedings. Learned counsel for O.P. No.2 is directed to make available the account details of O.P. No.2 in the learned court below.

If so advised, either of the parties will be at liberty to make an application before the learned court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or for one time settlement.

Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) Sanjay/- U T