Patna High CourtCR. MISC./30162/2020bail granted

Satendra Choudhary v. The State Of Bihar

2021-01-15Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30162 of 2020 Arising Out of PS. Case No.-684 Year-2019 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== SATENDRA CHOUDHARY Son of Nand Kishor Choudhary Resident of Village - Lohgani, P.S.- Sohsarai, Dist.- Nalanda. ... ... Petitioner

Versus

The State of Bihar 2.

Janbi Kumari Daughter of Naresh Choudhary Resident of Thanubigha, P.S.- Silao, Dist.- Nalanda.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Nagendra Kumar, Advocate For the State :

Mr.Bharat Bhushan, APP For the Informant :

Mr. Abhay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-01-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. Learned counsel for the petitioner has prayed for allowing him to make necessary correction in the prayer portion of the petition in course of the day.

Prayer is allowed. Let learned counsel for the petitioner make necessary correction in the prayer portion of the application.

Learned counsel for the petitioner is permitted to make necessary correction in the prayer portion of the application in course of the day.

The petitioner, in the present case, is seeking prearrest bail in connection with Complaint Case No. 684 of 2019 registered for the offences punishable under Sections 498(A), 323, 504, 506, 34 of the Indian Penal Code and 3⁄4 of D.P. Act. Learned counsel for the petitioner submits that as per prosecution case the petitioner got married with the informant

Patna High Court CR. MISC. No.30162 of 2020(3) dt.15-01-2021 2/3 on 09.03.2019, when she went to her Sasural she was tortured and the family members were tried to set her on fire by putting kerosene oil on her body and on hulla local people assembled there and saved her life.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case, he is husband of the informant and the allegation against him is general and omnibus in nature. Learned counsel submits that petitioner is ready to keep the informant will full honour and dignity. Learned A.P.P. as well as learned counsel for the informant have opposed the prayer for anticipatory bail of the petitioner.

Having regard to the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that now the petitioner and opposite party no. 2 are residing together, learned counsel for O.P. No. 2 has not opposed the prayer for anticipatory bail of the petitioner, let the petitioner above-named in the event of his arrest or surrender within a period of four weeks from today in connection with Complaint Case No. 684(C) of 2019, be released on bail on furnishing of bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda (Biharsharif), subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any

Patna High Court CR. MISC. No.30162 of 2020(3) dt.15-01-2021 3/3 person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. And further condition that petitioner will keep O.P. No. 2 with full dignity and care, failing which it will be open for O.P. No. 2 to file an appropriate application before the learned court below against the petitioner, and on such application, on being satisfied, the learned court below will pass an appropriate order.

(Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.