Jitrndra Kumar Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42754 of 2022 Arising Out of PS. Case No.-218 Year-2022 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Jitrndra Kumar Choudhary Son of Sri Ranjan Kumar Choudhary Resident of Village - kailash Bhawan, Naya Goan, P.s.- East Colony, Jamalpur, Distt.- Munger. (Bihar) ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Ranjan, Adv.
For the Opposite Party/s :
Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-12-2022 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State as well as learned counsel for the informant through virtual mode.
The petitioner seeks regular bail in connection with Laheri P.S. Case No. 218 of 2022 lodged under Sections 498A of the I.P.C. read with Section 3/4 of D.P. Act. As per the prosecution case, the informant has disclosed and filed this case against the family members of her husband alleging there in that they all used to torture her for demand of dowry. The allegations of repeated and periodical assault have been made in the F.I.R. by the informant at the
Patna High Court CR. MISC. No.42754 of 2022(2) dt.23-12-2022 2/3 hand of her husband. It has also been alleged that informant's husband has developed illicit relation with different girls including the maternal sister of the informant also, due to which a case was also lodged in Jamalpur.
Learned counsel for the petitioner submits that petitioner is a man of clean antecedent. Since from beginning of the marriage, there is no understanding of the informant with the petitioner and he used to make unnecessary allegations upon petitioner. He submits that petitioner is in custody since 08.06.2022 and charge-sheet has already been filed in this case. Learned counsel submits that he has apprehension that in the revenge, the informant may take any steps due to which the entire family of the petitioner shall be in trouble and due to which he is not ready to live together with his wife. But as a good gesture, he has offered to pay Rs. 4,000/- per month in the account of his wife every month.
Learned counsel for the informant submits that he has already talked in this regard with his client who has disclosed his Saving Bank Account No. 3198249153 of Central Bank of India, Biharsharif Branch having IFSC code No. CBIN0280012. Learned counsel for the State opposes the prayer for bail.
Patna High Court CR. MISC. No.42754 of 2022(2) dt.23-12-2022 3/3 The petitioner is hereby directed to deposit the said offered amount every month prior to 10th of every month. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J-5, Biharsharif (Nalanda) in connection with Laheri P.S. Case No. 218 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. If the said amount shall not be deposited by petitioner for 2 consecutive months in the account of the informant, she shall be at liberty to file the cancellation of bail and the Trial Court is directed to cancel the same after given one opportunity to the petitioner.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) prakashmani/- U T