Rajesh Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 60911 of 2021 Arising Out of PS. Case No.-84 Year-2021 Thana- LAURIA District- West Champaran ====================================================== RAJESH CHAUDHARY S/o- SRI GOPAL CHAUDHARY Resident of Village- Sherwa Nniya Tola, P.S.- Lauriya, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-07-2022 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Lauriya P.S. Case no. 84 of 2021 instituted for the offence under Sections 498-A/34 of the Indian Penal Code. As per allegation in the FIR, due to non-fulfillment of dowry demand of Rs. five lakh, petitioner along with his other family members started to abuse and torture the informant mentally and physically.
It is submitted by learned counsel for the petitioner that petitioner is husband of the informant and he is ready to keep the informant as wife with full dignity and honour. The aforesaid offer of the petitioner has not been
Patna High Court CR. MISC. No. 60911 of 2021(4) dt.27-07-2022 2/3 accepted by the informant who denies to go to her matrimonial house and live with her husband. However, she prays for some maintenance for her survival as she is a housewife and she is not able to maintain herself .
In the alternative, learned counsel appearing on behalf of the petitioner, on instructions, submits that petitioner is ready to give Rupee four thousand per month from this month, subject to furnishing bank account number by the informant to the petitioner.
In the changed circumstance, learned counsel for the informant admits that he shall provide bank account number of the informant to the petitioner within a period of one week from today. On receipt of the bank account number of the informant, the petitioner shall deposit Rs. 4,000/- (four Thousand) in first week of every month commencing from July as maintenance in the account furnished by the informant.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Lauriya P.S. Case no. 84 of 2021, he will be
Patna High Court CR. MISC. No. 60911 of 2021(4) dt.27-07-2022 3/3 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1 Bettiah, West Champran subject to the conditions as laid down under section 438(2) of the Cr.P.C.
The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 4,000/- (for the month of July) by the petitioner in the account of the informant.
The aforesaid payment will be subject to any order passed in the maintenance case for final settlement. (Sunil Kumar Panwar, J) sushma/- U