Kanhaiya Chaudhary @ Kanhaiya Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49574 of 2021 Arising Out of PS. Case No.-2943 Year-2019 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== 1.

Kanhaiya Chaudhary @ Kanhaiya Choudhary Son of Ramayan Chaudhary Resident of Village - Sultanpur, P.S.- Kateya, Distt.- Gopalganj. 2.

Ramayan Choudhary Son of Shiv Prasad Chaudhary Resident of Village - Sultanpur, P.S.- Kateya, Distt.- Gopalganj.

3.

Radhika Devi W/o Ramayan Choudhary Resident of Village - Sultanpur, P.S.- Kateya, Distt.- Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Shashibala Devi W/o Kanhaiya Chaudhary @ Kanhaiya Choudhary, D/o Bir Chaudhary Resident of Village - Sultanpur, P.S.- Kateya, Distt.- Gopalganj. At Present R/O- Bakhariya, P.O.- Dubey Jigna, P.s.- Bhorey, Distt.- Gopalganj.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vishwajeet Kumar Mishra For the Opposite Party/s :

Mr. Satyendra Prasad For O.P. No.2 :

Mr. Shubhesh Pandey Mr. Amit Kumar Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-07-2022 Heard learned counsel for the petitioners, learned counsel for the opposite party no.2 and learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code.

Petitioner No.1 is husband of opposite party no.2 and petitioners no.2 and 3 are father-in-law and mother-in-law of the

Patna High Court CR. MISC. No.49574 of 2021(3) dt.01-07-2022 2/3 complainant. The petitioners are said to have ousted the opposite party no.2 from her matrimonial home over the dowry demand.

It is submitted by learned counsel for the petitioners that the petitioners are innocent persons and have committed no offence. Petitioners have neither made any dowry demand nor drover her out of her matrimonial home nor tormented her over the demand of dowry. Petitioner No.1, the husband is still ready to keep her with full honour and dignity. The petitioners have relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182. In that view of the matter, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No.2943/19 (Trial No.1882/21), subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.49574 of 2021(3) dt.01-07-2022 3/3 If so advised, either of the parties will be at liberty to make an application before the learned court below for referring the matter to the District Mediation Centre for the purpose of reconciliaton or for one time settlement.

Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J.) Sanjay/- U T