Surendra Chaudhary @ Surendera Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48891 of 2022 Arising Out of PS. Case No.-180 Year-2022 Thana- BARH District- Patna ====================================================== Surendra Chaudhary @ Surendera Kumar S/O Yugl Chaudhary Resident Of Village - Alampur, P.S.- Barh, District - Patna. ... ... Petitioner/S

Versus

1.

The State Of Bihar 2.

Munni Kumari W/O Late Kishun Kumar Resident Of Village - Alampur, P.S.- Barh, District - Patna.

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

For the Petitioner/s :

Mr.Kameshwar Singh, Advocate For the Opposite Party/s :

Mr.Md. Mushtaque Alam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-01-2025 Heard learned counsel for the petitioner and the State. Nobody appears for opposite party no.2 inspite of valid service of notice.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341, 323, 379, 498A, 504, 506/34 of the Indian Penal Code and sections 3 & 4 of the Dowry Prohibition Act.

3. As per prosecution case, husband of opposite party no.2 died on 11.2.2021. Thereafter, petitioner and his family members started assaulting her for bringing Rs. 2 Lacs from parents' house. Petitioner is also alleged to have snatched her gold chain.

4. It is submitted on behalf of the petitioner that the petitioner happens to be brother-in-law of opposite party no.2. He is posted in Middle School Chatgawn, Tola Sewak. Allegation of torture and harassment is general and omnibus and no overt act has been alleged against him. He is separate in mess and business. F.I.R. has been lodged after inordinate delay of 32

Patna High Court CR. MISC. No.48891 of 2022(9) dt.30-01-2025 2/2 days without any explanation which renders the entire prosecution case doubtful. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the prayer for bail.

6. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, Barh, Patna in Barh Police Station Case No. 180/2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T