Dinesh Chauhan @ Dinesh Kr. Chauhan v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.40001 of 2014 (2) dt.25-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40001 of 2014 Arising Out of PS.Case No. -1561 Year- 2013 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ====================================================== Dinesh Chauhan @ Dinesh Kr. Chauhan S/o Madan Chauhan, Resident of Village-Halsi, P.S.-Halsi, District-Lakhisrai, At present Shivcharanbigha, P.S.-Mufassil, District-Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Binita Kumar Wife of Dinesh Chauhan, D/o Mandlal Chauhan, R/o Mohalla-New Area (Near Surya Mandir), P.S.-Nawada, District-Nawada. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Ram Sumiran Rai(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-03-2015 Head learned counsel for the petitioner, the complainant and the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 1561/2013 for the offence punishable under Section 498(A) of the Indian Penal Code and Section 3 / 4 of Dowry Prohibition Act.

Learned counsel for the petitioner submits that earlier also compromise was made and even today he is willing and ready to keep his wife with full dignity and honour. Learned counsel for the petitioner further submits that the petitioner undertakes that in future he will not make any demand or any kind of mental torture.

Patna High Court Cr.Misc. No.40001 of 2014 (2) dt.25-03-2015 Learned counsel for the complainant submits that though she is willing to go back her matrimonial home she is also apprehending with regard to ill treatment and maintenance of a small child, namely, Priya, aged about two years. However, learned counsel for the petitioner submits that he will extend all co-operation in making the relation normal.

Considering the bona fide offer made by the petitioner, let the petitioner, named above, in the event of his arrest or surrender in the court below within two weeks from the date of receipt/ production of a copy of order, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Nawadah in Complaint Case No. 1561/2013, subject to the conditions as laid down u/s 438(2) Cr.P.C.

However, it is made clear that if at all any breach of the undertaking is made, it will be open to the complainant to move the learned court below for redressal of her grievance, in accordance with law.

(Anjana Mishra, J) singh/- U T