Tuntun Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64935 of 2018 Arising Out of PS. Case No.-65 Year-2018 Thana- MAHILA P.S. District- Nalanda ====================================================== Tuntun Chaudhary S/o Sunil Chaudhary R/o Village-Satokhar,P.S. Sohsarai,Distt.-Nalanda.

... ... Petitioner.

Versus

1. The State Of Bihar.

2. Gita Devi, wife of Tuntun Chaudhary, village-Korari, P.S. Belchhai, District-Patna.

... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner :

Mr. Raj Kishor Prasad, Advocate.

For the State :

Mr. Bal Mukund Prasad Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mahila P.S. Case No.65 of 2018 registered under Sections 341, 323, 504, 506, 307 and 498A/34 of the Indian Penal Code. The accusation is that the marriage of the opposite party no.2 Gita Devi was performed with the petitioner in the year 2005 and due to wedlock, the opposite party no.2 gave birth to a male child, namely, Raja Kumar, who is aged about 9 years. Thereafter, the opposite party no.2 was being tortured and assaulted for the dowry demand of Rs.1,50,000/- by her husband (petitioner) and other inlaws. On 26.06.2018, the husband (petitioner) of the opposite party no.2 and her other in-laws tried to burn the opposite party no.2 by

Patna High Court CR. MISC. No.64935 of 2018(7) dt.03-02-2020 2/2 pouring kerosene oil on her but, anyhow, she was saved and the opposite party no.2 moved from her matrimonial house. Learned counsel for the petitioner submits that the petitioner is still ready to keep his wife (opposite party no.2) with full honour and dignity.

The perusal of the record goes to show that in spite of receiving the registered notice by the opposite party no.2, the opposite party no.2 has not appeared before this Court. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Nalanda at Biharsharif, in connection with Mahila P.S. Case No.65 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U