Jai Prakash Chaudhary @ Jai Prakash Chaudhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31286 of 2017 Arising Out of PS. Case No.-477 Year-2010 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Jai Prakash Chaudhary @ Jai Prakash Chaudhary Son of Amirika Chaudhary, Resident of Village- Vchwa Tumkadia, Police Station- Bariya, District- West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Nilam Devi @ Shobha Devi D/o Indrajeet Chaudhary, Wife of Nand Lal Chaudhary, Resident of Village- Miyapur Tilangahi, P.S. Bairiya, DistrictWest Champaran, At present, Resident of Village+ P.O. Nawalpur, P.S. Jogapatti, District- West Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akhileshwar Kumar Shrivastva For the Opposite Party/s :

Mr. UMESH LAL VERMA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by

Patna High Court Cr.Misc. No.31286 of 2017(4) dt.19-09-2017 2/2 the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioner is named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bettiah, West Champaran in connection with Complaint case No.477C of 2010 (Trial No.392 of 2016), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T