Dhananjay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48221 of 2023 Arising Out of PS. Case No.-14 Year-2022 Thana- DEOKUND District- Aurangabad ====================================================== DHANANJAY CHAUDHARY SON OF BALDEO CHAUDHARY RESIDENT OF VILLAGE - BISHUNPURA, P.S. - OBRA, DISTRICT - AURANGABAD, BIHAR ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR, PATNA 2.

REWATI DEVI DAUGHTER OF PUNDEO CHAUDHARY DHANANJAY CHAUDHARY, AGED ABOUT 35 YEARS, SEX-MALE, SON OF BALDEO CHAUDHARY, RESIDENT OF VILLAGE - BISHUNPURA, P.S. - OBRA, DISTRICT - AURANGABAD, BIHAR AND DAUGHTER OF PUNDEO CHAUDHARY, RESIDENT OF VILLAGE - BILARU MATHIYA, P.S. - DEO KUND, DISTRICT - AURANGABAD ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Rupa Kumari, Advocate For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-08-2023 1.

Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

2.

This is an application for grant of anticipatory bail in connection with Deo Kund PS case no. 14 of 2022, registered for the offences punishable under Section 498(A) and other allied sections of the Indian Penal Code.

3.

The allegation is regarding the marriage of the petitioner having been solemnized with the informant on 07.03.2014, whereafter the informant had gone to her matrimonial home, however, after some time, the accused

Patna High Court CR. MISC. No.48221 of 2023(2) dt.11-08-2023 2/3 persons including the petitioner herein are alleged to have started torturing and harassing the informant and thereafter, she was kicked out of her matrimonial home.

4.

The learned counsel for the petitioner submits that the petitioner is innocent, he has been falsely implicated in the present case and is having a clean antecedent. The learned counsel for the petitioner has further submitted by referring to paragraph no. 6 of the present petition that the petitioner is ready and willing to keep the informant with due honor and dignity and for that purpose, he is ready to participate in any mediation proceedings to be conducted by the learned trial court.

5.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available in the case dairy, I deem it fit and proper to grant liberty to the petitioner to surrender before the learned court of C.J.M., Aurangabad in connection with Deo Kund PS Case No. 14 of 2022, within a period of four weeks from today, whereupon the petitioner shall be admitted to the privilege of provisional bail

Patna High Court CR. MISC. No.48221 of 2023(2) dt.11-08-2023 3/3 on the very same day and then the learned court below shall issue notice to the informant-wife and hold mediation proceeding in between the petitioner and his wife with a view to settle the matrimonial disputes between them. 7.

The learned court below is directed to take a final call with regard to either confirming the provisional bail to be granted to be petitioner or revoking the same, subject to outcome of the mediation proceeding as also considering the case of the petitioner on merits, without being prejudiced by the dismissal of his anticipatory bail petition by the learned court below.

8.

In the meantime, for a period of four weeks from today, no coercive steps shall be taken against the petitioner herein.

9.

The present petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U T