Udit Kumar Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45348 of 2025 Arising Out of PS. Case No.-159 Year-2022 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Udit Kumar Chauhan S/o Mahesh Prasad Chouhan Resident of villageBheriya Rahika, Police station- Sahayak, katihar, District- katihar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Manju Devi W/o Udit Kumar Chauhan, D/o Raju Uraon R/o vill - Manoharpur, P.S. - Manihari, Distt.- Katihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar Singh, Advocate For the State :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Complaint Case No. 159 of 2022 dated 22.01.2022, filed for the offences punishable under Sections 498(A) and 313 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.
3. As per allegation, marriage between the petitioner and the complainant was solemnized on 18.09.2020 and subsequently, she joined his matrimonial home and she lived there well. Thereafter, demand of additional dowry started by the petitioner and his family members and on account of non-
Patna High Court CR. MISC. No.45348 of 2025(2) dt.16-07-2025 2/3 fulfillment of the same, she was subjected to cruelty. Complainant was ousted from the matrimonial home and she was also administered medicine making her serious.
4. Ld. counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that there was no marriage ever solemnized between the complainant and the petitioner and the whole case is false and concocted.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.45348 of 2025(2) dt.16-07-2025 3/3 learned concerned Court below, in connection with Complaint Case No. 159 of 2022, subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) ravishankar/- U T