Ravindra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33539 of 2019 Arising Out of PS. Case No.-1066 Year-2017 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Ravindra Chaudhary Son of Raj Kumar Chaudhary Resident of Village - Khatuaha, P.S.- Khanpur, Distt - Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Archana Devi wife of Ravindra Chaudhary, D/o Ram Sagar Rai Resident of Village- Dharha, P.S.- Rosera, Distt - Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raja Ram Mishra, Advocate For the Opposite Party/s :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-02-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Complaint Case No. 1066 of 2017, registered for the offences punishable under Section 498(A)/34 of the Indian Penal Code. The complainant/O.P. No. 2 alleged that she was married with Ravindra Chaudhary (petitioner) in the year 2006. From the said wedlock, the complainant has got two sons and one daughter. It is further alleged that the petitioner along with family members used to demand dowry and subjected the complainant/O.P. No. 2 to mental and physical torture. Ultimately, all the accused persons including this petitioner

Patna High Court CR. MISC. No.33539 of 2019(6) dt.18-02-2020 2/3 ousted the complainant/O.P. No. 2 from her matrimonial house after snatching her belongings.

It is submitted by learned counsel for the petitioner that there is general and omnibus allegation against this petitioner. Petitioner is ready to keep the complainant/O.P. No. 2 with full dignity and honour. Notices were issued to the Opposite Party No.2, but in spite of valid service of notice, no one appears on behalf of Complainant/Opposite Party No. 2. The complainant has also solemnized second marriage.

Considering the facts aforesaid and the fact that petitioner (husband) is ready to keep his wife with full dignity and honour and in spite of several notices complainant did not appear before the court, the petitioner above-named in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Samastipur in connection with Complaint Case No.

Patna High Court CR. MISC. No.33539 of 2019(6) dt.18-02-2020 3/3 (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T