Suraj Chouhan @ Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32852 of 2022 Arising Out of PS. Case No.-262 Year-2019 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== SURAJ CHOUHAN @ SURAJ KUMAR S/o Visheshar Chouhan R/o villageMaijra Beldari, P.S.- Ben, District- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sarita Kumari W/o Suraj Chouhan @ Suraj Kumar, D/o Rajdev Chouhan Resident of Ahiyapur, P.S.- Nursarai, District- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-01-2023 Heard learned counsel for the petitioner, State and the informant.

The petitioner apprehends his arrest in connection with Complaint Case No. 262C of 2019 instituted under Sections 498 (A) of the Indian Penal Code.

As per the prosecution story, the lady was married to the petitioner in 2015 but was tortured for dowry and in 2019, she was ousted from home. Accordingly, the FIR was lodged.

Learned counsel for the informant has appeared in the matter and has submitted that as the petitioner has stated in the petition that he is ready to keep his wife with full dignity

Patna High Court CR. MISC. No.32852 of 2022(4) dt.17-01-2023 2/3 and honour, she also wants to take her life ahead by joining him in his home.

Learned counsel for the petitioner in furtherance of the said averment submits that by 31st of January, 2023, he will visit his in-laws' house and will bring back his wife home.

Learned counsel for the informant submits that the lady has no objection and she will be joining her husband to her in-laws' house.

In the aforesaid background, this Court is inclined to grant him relief of anticipatory bail with the condition that the petitioner will visit his in-laws' house and will bring back his wife home. If however, the husband-petitioner defaults in undertaking given, the informant shall be free to take steps for the cancellation of bail.

Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Complaint Case No. 262C of 2019 to the satisfaction of learned C.J.M., Nalanda, Bihar Sharif, subject to the

Patna High Court CR. MISC. No.32852 of 2022(4) dt.17-01-2023 3/3 conditions as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Prakash Narayan /Ajay Singh/- U T