Rabish Gunjan Chaurasiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39744 of 2019 Arising Out of PS. Case No.-35 Year-2019 Thana- CHAKIA District- East Champaran ====================================================== Rabish Gunjan Chaurasiya, S/o Ram Chandra Prasad Chaurasiya, R/o villageHindu Chakiya, P.S.- Chakiya, P.O.- Bara Chakiya, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shakti Suman Kumar, Advocate.
For the State :
Mr.Satyendra Narayan Singh, APP For the O.P. No. 2 : Mr. Manjeet Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-06-2019 Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Chakia P.S. Case No. 35 of 2019, registered under Sections 341, 323, 504, 498A, 313 and 314 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.
The accusation is of torturing the informant by her husband and in-laws due to non-fulfillment of demand of dowry and removing from her matrimonial house.
Learned counsel for the petitioner submits that, in fact, due to inhumane attitude and ill behaviour of the informant, who is the wife of petitioner, petitioner filed the Matrimonial Case No. 451 of 2018 under Section 13 of the
Patna High Court CR. MISC. No.39744 of 2019(2) dt.28-06-2019 2/2 Hindu Marriage Act for divorce against informant in the court of Principal Judge, Family Court, Motihari on 17.12.2015, in which, notice was issued to the informant of the present case and after receiving the same, only to put undue pressure the present case has been lodged with false allegation. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned A.C.J.M.-XIII, Motihar, East Champaran, in connection with Chakia P.S. Case No. 35 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T