Amit Kumar Chaudhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18711 of 2017 Arising Out of PS.Case No. -51 Year- 2016 Thana -MAHILA P.S. District- NALANDA (BIHARSHARIFF) ======================================================

1. Amit Kumar Chaudhary, son of Satyadeo Chaudhary, resident of Mohalla- Shivaji Nagar, Makdumpur Bagicha, P.S.- Digha, Dist- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shikha Kiran, S/o Shishir Kumar Sinha (S.K. Sinha) resident of Mangla Sthan, Ramchandrapur, P.S.- Bihar Sharif, Dist- Nalanda. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gauri Shankar Prasad For the Opposite Party/s : Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-07-2017 Heard both sides.

The petitioner apprehends his arrest in Mahila P.S. Case No. 0051 of 2016, registered for the offences punishable under Sections 498 (A), 323 of the I.P.C. and 3/4 of the D.P. Act. The informant, wife of the petitioner, made allegation that her husband and other in-laws subjected her to torture due to non-fulfillment of demand of dowry. She further alleged that her husband and others got money on several occasions. Learned counsel for the petitioner submits that the marriage of the petitioner with the informant was a love marriage and the petitioner is ready to keep his wife with full honour and

Patna High Court Cr.Misc. No.18711 of 2017 (3) dt.10-07-2017 2/2 dignity. Learned counsel for the petitioner further submits that the informant is also ready to live with her husband. Considering the willingness of petitioner to keep his wife, the above named petitioner, in the event of his arrest or surrender before the Court below within six weeks, be released on provisional anticipatory bail for four months on 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., Bihar Sharif (Nalanda), in connection with Mahila P.S. Case No. 51 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

The court below shall make all efforts for reconciliation of the dispute between the husband and the wife. If the dispute is resolved amicably between the parties, the provisional bail granted to the petitioner shall be confirmed. In case the dispute is not resolved, the court below shall pass order on the prayer for provisional bail of the petitioner on its own merit in accordance with law.

(Prabhat Kumar Jha, J) khushbu/- U T