Ravindra Chaudhary @ Ravindra Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54810 of 2023 Arising Out of PS. Case No.-464 Year-2020 Thana- NAUTAN District- West Champaran ====================================================== RAVINDRA CHAUDHARY @ RAVINDRA KUMAR CHAUDHARY S/O HARILAL CHAUDHARY R/O VILLAGE- BAIRA PARSAUNI, PS. NAUTAN, DIST. WEST CHAMPARAN ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
SAVITA DEVI W/O RAVINDRA CHAUDHARY @ RAVINDRA KUMAR CHAUDHRY, D/O JAGU SAHANI R/O VILLAGE- MOHALI TOLA, PS. BAIRIYA, DIST. WEST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anant Kumar Mishra, Advocate.
For the State :
Mrs.Rita Verma, APP.
For O.P. No.2 :
Mr. Sunil Kumar Pandey, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 09-11-2023 Heard Mr. Anant Kumar Mishra, learned counsel appearing on behalf of the petitioner; Mrs. Rita Verma, learned APP for the State and Mr. Sunil Kumar Pandey, learned counsel for the opposite party no.2.
2. The petitioner seeks pre-arrest bail in connection with Nautan P.S. Case No. 464 of 2020 registered for the offence punishable under Section 498A of the Indian Penal Code and Sections 3⁄4 of the D.P. Act.
3. The present case relates to matrimonial dispute between the petitioner and the opposite party no.2 who are husband and wife. The allegation against the petitioner is of
Patna High Court CR. MISC. No.54810 of 2023(3) dt.09-11-2023 2/3 assaulting the opposite party no.2 for non-fulfillment of demand of dowry.
4. Learned counsel appearing on behalf of the petitioner submits that due to strained matrimonial relationship between the petitioner and the opposite party no.2, who is legally wedded wife of the petitioner, the present complaint has been filed. Learned counsel further submits that he has made specific statement in Paragraph No. 14 of the petition that the petitioner is ready to keep opposite party no.2 with full dignity and honour and he will also satisfy her physical desire and support her by meeting all her expenses.
5. Learned counsel appearing on behalf of the opposite party no.2 submits that the opposite party no.2 is ready to give undertaking that she is ready to live along with the petitioner on the terms and conditions as he has undertaken in paragraph no. 14 of the bail application as well as has been stated in the open court on behalf of the petitioner by learned counsel.
6. Petitioner is also directed to file an affidavit before the court below within four weeks to the effect that he is ready to live along with the opposite party no.2 and provide her physical as well as financial requirement and keep her with full
Patna High Court CR. MISC. No.54810 of 2023(3) dt.09-11-2023 3/3 dignity and honour.
7. If such affidavits are filed by the opposite party no.2 and the petitioner and opposite party no.2 agrees to live together after resolving their strained matrimonial dispute, the petitioner is directed to be released on bail in the event of his surrender before the Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bettiah, West Champaran in connection with Nautan P.S. Case No. 464 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C,
8. In case of failure on the part of the petitioner, the Superintendent of Police, Bettiah, West Champaran is directed to take appropriate legal action against the petitioner by arresting him from the court premises or otherwise if the opposite party no.2 herself wishes not to file affidavit or live alone, then in that case, the bail order shall remain intact.
9. With the aforesaid observation/direction, the bail application stands disposed off.
(Purnendu Singh, J) mantreshwar/- U T