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Patna High CourtCR. MISC./29393/2017disposed

Deepu Chaudhary @ Deepu Kumar v. State Of Bihar And ANR

2017-07-01Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29393 of 2017 Arising Out of PS.Case No. -217 Year- 2015 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== Deepu Chaudhary @ Deepu Kumar Son of B.C. Choudhary , Resident of Village- Basopatti Chand Sarai, P.S.- Jandaha, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sanju Devi, D/o Thagan Rai, Resident of Village- Bardiha Turki, P.S.- Patepur, District- Vaishali.

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

For the Petitioner/s : Mr. Nachiketa Jha, Advocate. For the Opposite Party/s : Mr. Md. Nazir Ansari, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Complaint Case No. C1217 of 2015 registered under Section 498A of the Indian Penal Code.

The petitioner happens to be the husband of the complainant, who has been indicted with subjecting the complainant to torture and cruelty for dowry demand and snatching her belongings along with other accused persons. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and he has committed no offence. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and

Patna High Court Cr.Misc. No.29393 of 2017 (2) dt.01-07-2017 2/2 omnibus in nature. The complainant is a cruel lady and she does not want to live with him, only to harass him, he has been falsely implicated in this case. The petitioner has been languishing in custody since 02.05.2017.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on provisional bail for four months on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XIV, Vaishali at Hajipur in connection with Complaint Case No. C1-217 of 2015. Let the learned court below issue notice to the complainant for her appearance. On her appearance, the petitioner will take the complainant to keep her as wife with full dignity and honour.

The provisional bail of the petitioner will be confirmed by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant gets reluctant to reconcile the issue. Accordingly, the application stands disposed of. (Prakash Chandra Jaiswal, J) Mishra/- U T