Ajay Kumar Choudhary v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36772 of 2014 Arising Out of PS.Case No. -114 Year- 2012 Thana -LALIT NARAYAN UNIVERSITY DistrictDARBHANGA ====================================================== Ajay Kumar Choudhary Son of Satya Narayan Choudhary resident of Mohalla- Balbhadrapur, Near N.P. Mishra Chowk, P.S.- Laheriasarai, District- Darbhanga .... .... Petitioner/s
Versus
1. The State of Bihar
2. Anil Kumar Jha Son of Late Awadh Kishore Jha resident of MohallaBanglagadh, Police Station- Laheriasarai, District - Darbhanga. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Arun Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 06-04-2015 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the daughter of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.
The basic accusation is of torture for nonfulfillment of the dowry demand. This matter was referred to the Mediation vide order dated 09.02.2015. The report of the Mediator at Flag 'B' reflects that the mediation has failed.
Patna High Court Cr.Misc. No.36772 of 2014 (03) dt.06-04-2015 2/3 It is submitted by learned counsel for the petitioner that earlier also informant filed Complaint Case No. 546 of 2012 making similar accusation particularly with regard to incident of assault on 12.02.2012 wherein the petitioner has been granted bail by learned Sessions Judge, Darbhanga vide A.B.P. No. 185 of 2013 since the reconciliation failed and the petitioner filed Matrimonial Suit No. 45 of 2013 for divorce. Though the learned court below directed the petitioner to make payment of Rs.1,000/- to the informant's daughter and the petitioner is making payment of the said amount.
It is submitted by learned counsel for the informant that subsequent to the above bail order the daughter of the informant again went to matrimonial house but she was assaulted and in the present FIR the date of occurrence is in between 27.01.2008 to 12.02.2012 and considering the date of incident of 12.02.2012 the bail was granted to the petitioner earlier in Complaint Case No. 546 of 2012.
Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount
Patna High Court Cr.Misc. No.36772 of 2014 (03) dt.06-04-2015 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with L.N.M.U. Case No. 114 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T