Akhilesh Chauhan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32498 of 2015 Arising Out of PS.Case No. -21 Year- 2015 Thana -BHADAUR District- PATNA ======================================================

1. Akhilesh Chauhan Son of Krishna Chauhan, resident of Dahama Beldariya, P.S. - Bhadaur, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s : Mr. S.Ehteshamuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 17-08-2015 Learned counsel for the petitioner seeks permission to delete the name of Opposite Party No. 2. He is permitted to delete the name of Opposite Party No. 2 at the risk of the petitioner. Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 323, 498-A/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. The allegation against the petitioner is that there was love affair between the petitioner and the informant and they went to Ludhiyana after solemnizing the marriage. Later on the petitioner and his relatives demanded dowry and due to nonfulfillment of demand of dowry, she was ousted from her

Patna High Court Cr.Misc. No.32498 of 2015 (2) dt.17-08-2015 2/3 matrimonial house.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Petitioner has not solemnized the marriage with the informant but the informant was married on 20.05.2013 to Triloki Chauhan son of Ghanshyam Chauhan, resident of Village Khajuarar Kajichack, P.S. Bhadaur, Distt. Patna and the certificate issued by Surpanch of the Grampanchyat, Dahawan, Pandarak has been annexed as Annexure-2. It is further submitted that petitioner has no criminal antecedent and he is custody since 02.05.2015. Learned counsel for the State could not controvert the submission made on behalf of the petitioner.

Considering the facts and circumstances of this case, the above-named petitioner is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Barh in Bhadaur P.S. Case No. 21 of 2015. with the following conditions :

1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar

Patna High Court Cr.Misc. No.32498 of 2015 (2) dt.17-08-2015 3/3 or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) sushma/- U