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Patna High CourtCR. MISC./35449/2024bail granted

Deepak Chaudhary v. The State Of Bihar

2024-10-07Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35449 of 2024 Arising Out of PS. Case No.-1147 Year-2022 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== DEEPAK CHAUDHARY SON OF GIRANI CHAUDHARY RESIDENT OF VILLAGE - AKAUNA, POLICE STATION - MUFASSIL, DISTRICT - NAWADA ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

PUJA KUMARI WIFE OF DEEPAK CHAUDHARY, DAUGHER OF MADAN KUMAR RESIDENT OF VILLAGE - MEDHKURI, POLICE STATION - MESKAUR, DISTRICT - NAWADA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar, Adv.

For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-10-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Earlier the petitioner was granted provisional bail vide order dated 31.07.2024 and learned counsel for the petitioner seeks confirmation of the provisional bail granted to the petitioner.

3. The petitioner has preferred this application for grant of regular bail in connection with Complaint Case No. 1147 of 2022 of the offences punishable u/s 498A of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

4. As per the prosecution case, the petitioner and the

Patna High Court CR. MISC. No.35449 of 2024(6) dt.07-10-2024 2/3 co-accused persons are alleged to have tortured the complainant mentally and physically due to non-fulfillment of demand of Rs. 2,00,000/-.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. As per mediator's report dated 30.09.2024, the dispute between the parties has been resolved through the process of mediation. The terms of settlement mutually agreed upon by them. It is further submitted that the petitioner is the husband of the complainant and he has no concern with the alleged offence. There is general and omnibus allegation against the petitioner. The petitioner neither demanded any dowry nor tortured the complainant. Learned counsel has further submitted that the petitioner was earlier granted the provisional bail vide order dated 31.07.2024 by a Coordinate Bench of this court. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts, the provisional bail granted to the petitioner vide order dated 31.07.2024 is hereby confirmed in connection with Complaint Case No. 1147 of 2022

Patna High Court CR. MISC. No.35449 of 2024(6) dt.07-10-2024 3/3 to the satisfaction of learned Court concerned, Nawada.

8. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T