Vaidyanath Chaudhary @ Vaidyanath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46069 of 2021 Arising Out of PS. Case No.-403 Year-2019 Thana- DHAKA District- East Champaran ====================================================== Vaidyanath Chaudhary @ Vaidyanath Kumar S/o Laxmi Chaudhary R/o village- Parsauni Khirodhar, P.S.- Parsauni, District- Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rupali Kumari W/o Vaidnath Chaudhary @ Vaidyanath Kumar, D/o Dharamnath Chaudhary R/o village- Fulwariya, P.S.- Dhaka, District- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhurendra Kumar, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-03-2022 A supplementary affidavit has been filed on behalf of the petitioner, which is kept on record.

Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 498(A), 341, 323 and 307/34 of the Indian Penal Code and Section 3/4 of the D.P. Act.

It is a case of cruelty upon the informant's daughter for non-fulfilment of dowry demand by the accused persons. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that petitioner has not been apprehended at the spot. He further submits that the Opposite Party No.2 is not ready to live

Patna High Court CR. MISC. No.46069 of 2021(2) dt.23-03-2022 2/2 with the petitioner and compromise has been made between the parties and it has been decided that petitioner will pay Rs. 18,00,000/- to the Opposite Party No.2 as one time settlement and this amount includes the expenses of the marriage of the daughter of the Opposite Party No.2 and the petitioner has already been paid Rs. Nine lakhs to the Opposite Party No.2 and rest amount will be paid at the time of final decision of this case. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Sikrahna at Dhaka, East Champaran in connection with Dhaka P.S. Case No. 403 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T