Banti Kumar @Banti Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49172 of 2022 Arising Out of PS. Case No.-10 Year-2022 Thana- MAHILA PS District- Jehanabad ====================================================== BANTI KUMAR @BANTI CHAUDHARY Son of Satyendra Chaudhary Resident of Village - Shyam Nagar, P.s.- Jehanabad Town, Distt.- Jehanabad. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nirjala Kumari D/o Chandradev Chaudhary Resident of Village - Larsa, P.O.- Babhana, P.s.- Parasbigha, Distt.- Jehanabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Sanjay Kumar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-12-2022 Heard Mr. Mr. Manoj Kumar Jha, learned counsel for the petitioner and Mr. Sanjay Kumar Sharma, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Jehanabad Mahila P.S. Case No. 10 of 2022 registered for the offences punishable under Sections 498-A, 504, 506/34 of the Indian Penal Code 1860 and Section 3⁄4 of the Dowry Prohibition Act.

As per the prosecution case lodged by the informant, the marriage of the informant was solemnized with the petitioner on 1.12.2020. It has further been alleged that after

Patna High Court CR. MISC. No.49172 of 2022(2) dt.23-12-2022 2/3 marriage, the petitioner along with other family members started demanding dory of Rs.2,00,000/- and other articles, and due to non fulfillment of the said dowry demand, she has been tortured by the petitioner, mentally as well as physically. It has further been alleged that the petitioner has illicit relationship with one Sulekha Devi.

Learned counsel for the petitioner submits that the petitioner is husband of the informant and has falsely been implicated in the present case along with the other family members. Learned counsel next submits that the fact of the matter is that the petitioner has filed a case seeking divorce from the informant bearing Matrimonial Case No. 8 of 2022 on 21.1.2022 and after coming to know about filing of the Divorce Suit, in retaliation, the present First Information Report has been lodged on 5.4.2022.

The petitioner has stated in paragraph 11 of this petition that he has no relationship with any lady namely, Sulekha Devi. The petitioner is in custody since 24.5.2022, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence.

Regards being had to the submission made by the

Patna High Court CR. MISC. No.49172 of 2022(2) dt.23-12-2022 3/3 parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 24.5.2022, the case is triable by Magistrate, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Jehanabad, in connection with Jehanabad Mahila P.S. Case No. 10 of 2022.

(Anil Kumar Sinha, J) S.Ali/- U T