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Patna High CourtCR. MISC./42833/2023bail granted

Rajendra Chaurasiya @ Rajan Chaurasia @ Rajendra Prasad Chaurasia v. The State Of Bihar

2024-02-13Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42833 of 2023 Arising Out of PS. Case No.-1812 Year-2019 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== Rajendra Chaurasiya @ Rajan Chaurasia @ Rajendra Prasad Chaurasia, Son Of Rama Shankar Chaurasia Resident Of Village And Post - Basuka, P.S. - Gahamar, Distt. - Gazipur, U.P.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Moni Devi, Wife Of Rajendra Chaurasiya @ Rajan Chaurasia, D/O Mudrika Chaurasia Resident Of Village And Post - Gadahani, P.S. - Charpokhari, Distt. - Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rama Kant Singh For the Opposite Party/s :

Mr. Chandra Bhushan Prasad- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-02-2024

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

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 498A of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the application of jointness has been filed as the notice was received by the brother of the opposite party no.2. It is next submitted that no one appears on behalf of the opposite party no.2 to contest the anticipatory bail

Patna High Court CR. MISC. No.42833 of 2023(5) dt.13-02-2024 2/3 application. It is next submitted that petitioner is the husband and opposite party no.2 is the wife of the petitioner. It is next submitted that the petitioner has been falsely implicated in the present case. It is further submitted that a specific pleading has been made at Para-4 of the supplementary affidavit that opposite party no.2 has performed her second marriage with one Nilu Kumar @ Ninuraj Nilkamal, S/o Ganesh Bhagat, R/o-Vill-Chakasan, P.S.-Vidupur, Distt.Vaishali at Hajipur, as such, the opposite party no.2 has lost interest in the case.

4. The learned Additional P. P. opposes the anticipatory bail application.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner, abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with

Patna High Court CR. MISC. No.42833 of 2023(5) dt.13-02-2024 3/3 Complaint Case No.1812 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

6. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T