Umesh Kumar Chourasia @ Umesh Kumar Chaurasya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40305 of 2020 Arising Out of PS. Case No.-192 Year-2019 Thana- MAHILA P.S. District- Nalanda ====================================================== UMESH KUMAR CHOURASIA @ UMESH KUMAR CHAURASYA Son of Bagedan Prasad Chourasia Resident of Maurya Ghat, Near - Janta Cold Storage, P.S.- Kotwali, District- Gaya.
... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Chandralekha Kumari @ Gunja Wife of Umesh Kumar Chourasia, Daugher of Krishna Kumar Resident of Rana Pratap Nagar, Ward No. 8, Teacher Colony, Islampur, P.S.- Islampur, District- Nalanda. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Dhirendra Pratap Singh For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-12-2021 Heard the parties.
Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.
The petitioner apprehends his arrest in connection with Mahila Police Station (Nalanda) Case No. 192 of 2019 registered for the offence under Sections 498 (A), 323, 504, 506, 307/34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.
The petitioner is husband of opposite party no.2. There are allegation and counter allegation between the parties, which cannot be decided in this proceeding.
Considering the aforesaid, the application for anticipatory bail of the petitioner is allowed, let above named petitioner, in the event of his arrest or surrender within four weeks from today, be released on bail on
Patna High Court CR. MISC. No.40305 of 2020(6) dt.20-12-2021 2/2 furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Nalanda in connection with Mahila Police Station (Nalanda) Case No. 192 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. It is submitted by the learned counsel for opposite party no.2 that she has filed Maintenance Case No. 147 of 2021 before the Principal Judge, Family Court, Nalanda at Biharsharif.
Learned counsel for the petitioner appears and submits that he will not wait for service of notice as he has got information of filing of aforesaid Maintenance case today.
The petitioner is directed to appear before the Principal Judge, Family Court, Nalanda at Biharsharif on 3rd January, 2021. Thereafter, the Principal Judge, Family Court, Nalanda at Biharsharif will decide the aforesaid Maintenance Case within three months and inform this Court about the same.
Considering this, the Court below will dispose of the aforesaid Maintenance Case in light of the Judgment of the Hon'ble Supreme Court in case of Rajnesh Versus Neha, reported in (2021) 2 SCC, 324. (Sandeep Kumar, J) pravinkumar/- U