Patna High CourtCR. MISC./45637/2023bail granted

Shiv Lal Chaudhary v. The State Of Bihar

2023-08-19Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45637 of 2023 Arising Out of PS. Case No.-1160 Year-2022 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== Shiv Lal Chaudhary Son Of Sri Binda Chaudhary Resident Of VillageBandipur, Ps- Ramgarh, Dist- Kaimur (Bhabua) ... ... Petitioner

Versus

The State Of Bihar 2.

Gayatri Devi Wife Of Sri Shivlal Chaudhary Resident Of Village- Kakarait, Ps- Kundawa, Dist- Chandauli (U.P.) ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Yogendra Kumar, Advocate For the State :

Ms.Meena Singh,APP For the Complainant :

Mr.Shrikant Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-08-2023 Heard learned counsel for the petitioner, learned counsel for the complainant and learned APP for the State.

2. The petitioner, in the present case, is seeking prearrest bail in connection with Complaint Case No. 1160/2022 registered for the offences punishable under Sections 498(A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. He has one criminal antecedent as stated in paragraph '3' of the application.

3. As per the prosecution story, the complainant has alleged that she married with this petitioner on 07.05.2017 according to Hindu rituals. After some time all the accused persons started pressurizing her for one Lakh, motorcycle and golden chain as dowry. Due to non-fulfillment of the said demand all the

Patna High Court CR. MISC. No.45637 of 2023(2) dt.19-08-2023 2/3 accused persons started assaulted her.

Learned counsel for the petitioner and learned counsel for the complainant agree that the matter may be resolved amicably and for that purpose the learned court below may be directed to send the records to the mediation centre for taking appropriate steps to conduct the mediation between the parties. Learned counsel for the petitioner has on his own offered to pay a sum of Rs. 3500/- per month to the complainant within first ten days of every month in her bank account. The complainant shall provide her bank account details to the petitioner or his Lawyer so that the money may be transferred. This is subject to any other order which may be passed by the competent court as regards maintenance in an appropriate proceeding.

6. Having regard to the submissions noted hereinabove, this Court directs that in case of his arrest/surrender within a period of four weeks from today, let the petitioner above-named be enlarged on bail on furnishing of bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bhabua at Kaimur, in connection with Complaint Case No. 1160/2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. And further condition that the court below shall

Patna High Court CR. MISC. No.45637 of 2023(2) dt.19-08-2023 3/3 verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

And further condition that in terms of his own offer, the petitioner shall pay a sum of Rs. 3500/- per month to the complainant within first ten days of every month in her bank account. The complainant shall provide her bank account details to the petitioner or his Lawyer so that the money may be transferred in her bank account. This is subject to any other order which may be passed by the competent court as regards maintenance in an appropriate proceeding. Breach of the aforesaid condition shall invite action towards cancellation of bail bond of the petitioner. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U T