Brijlal @ Brijlal Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49449 of 2022 Arising Out of PS. Case No.-247 Year-2021 Thana- BELHAR District- Banka ====================================================== BRIJLAL @ BRIJLAL CHOUDHARY S/o Ram Kishore Choudhary Resident of Village- Mahuatandh, P.S.- Belhar, District- Banka. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Savita Kumari W/o Brijlal Choudhary, R/o Village- Mahuatandh, P.S.- Belhar, District- Banka.

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-07-2023 Despite valid service of notice, nobody appears on behalf of opposite party No.2.

Heard learned counsels for the parties.

The petitioner apprehends arrest in a case registered for the offences under Sections 341, 323, 498(A), 504, 506/34 of the Indian Penal Code.

As per prosecution case, all the FIR named accused persons including this petitioner tortured and harassed the informant for non-fulfillment of demand of dowry. It is submitted on behalf of petitioner that petitioner happens to be husband of the informant and present case has been lodged due to petty family dispute. There is general and

Patna High Court CR. MISC. No.49449 of 2022(9) dt.10-07-2023 2/2 omnibus allegation of commission of assault against him. It is further submitted that petitioner is ready to keep the informant, as his wife, with full honour and dignity. It is next submitted that the case is triable by the Magistrate. In this connection, petitioner has relied upon a judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. Learned counsel for the State has opposed the prayer for anticipatory bail of petitioner.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, 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 learned Chief Judicial Magistrate, Banka in connection with Belhar P.S. Case No. 247 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T