Subodh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9099 of 2021 Arising Out of PS. Case No.-791 Year-2019 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== SUBODH CHAUDHARY S/O Chandrakant Chaudhary Resident Of Village and P.O. - Ranipur, P. S, -Darbhanga Sadar, District - Dharbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Usha Kumari W/O Ghanshyam Kumar Jha Resident Of Village - Kabilur, P. S. - Bahadurpur,District - Dharbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raju Prasad For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-01-2022 Heard learned counsel for the parties through virtual Court proceedings.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A/323/ 379/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Petitioner, who is husband of opposite party no2., is said to have tortured and ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has

Patna High Court CR. MISC. No.9099 of 2021(2) dt.11-01-2022 2/3 committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. He is still ready to keep her with full honour and dignity. The petitioner has relied upon the 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. In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No.791/2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

Patna High Court CR. MISC. No.9099 of 2021(2) dt.11-01-2022 3/3 U T