Amardeep Kumar Choudhary @ Amardeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50096 of 2023 Arising Out of PS. Case No.-44 Year-2022 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== AMARDEEP KUMAR CHOUDHARY @ AMARDEEP KUMAR SON OF RAJ KUMAR CHOUDHARY RESIDENT OF VILLAGE- MAHABIR PARA ROAD GURUDWARA GALI WARD NO.26 THANA KISHANGANJ DISTRICT KISHANGANJ ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

NITU KUMARI WIFE OF AMARDEEP KUMAR CHOUDHARY @ AMARDEEP KUMAR, D/O LAKHAN CHOUDHARY RESIDENT OF VILLAGE- MILANPARA KHUSKIBAG, PS- SADAR, DIST- PURNEA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan For the Opposite Party/s :

Mr. Manoj Kumar Md. Fazle Karim ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A/34 of the Indian Penal Code.

3. Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has

Patna High Court CR. MISC. No.50096 of 2023(4) dt.18-01-2024 2/2 committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. It is further submitted that the petitioner has filed a divorce application before the learned Principal Judge, Family Court, Kishanganj, bearing Matrimonial Case No.60 of 2020, and in the said case a decree of divorce has been passed in favour of the petitioner vide order dated 23.09.2022. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Considering the fact that decree of divorce has already been passed in favour of the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No.44 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T