Binod Chaurasia @ Binod Kumar Chaurasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53689 of 2022 Arising Out of PS. Case No.-567 Year-2012 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== Binod Chaurasia @ Binod Kumar Chaurasia Son of Yogendra Prasad R/OVillage- Shukla Chhapra, P.O- Majhauwan, District, Baliya, U.P-277403 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Durgawati Devi Ramesh Chaurasiya R/O- Village- Brahmpur, P.SBrahmpur, District- Buxar, Bihar- 802112 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akash Shankar, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 567(C) of 2012 registered for the offences punishable under Section 498(A) of the Indian Penal Code read with Section 4 of the Dowry Prohibition Act.

3. Learned counsel for the petitioner submits that by order dated 31.01.2023, notices were issued, accordingly in terms of the order dated 31.01.2023, notices were filed in time, but the notice was received by the father of O.P. No.2, accordingly a jointness application has been filed on 02.07.2023 stating therein that the O.P. No.2 is residing with her father.

4. Learned counsel for the petitioner next submits that

Patna High Court CR. MISC. No.53689 of 2022(9) dt.03-08-2023 2/2 petitioner being husband has been falsely implicated in the present case, it is next submitted that the allegations are general and omnibus in nature, it is also submitted that the O.P. No.2 had filed the instant complaint in the year 2012 and is not even pursuing the case before the learned trial court, it is further submitted that despite notice being validly served, the complainant chooses not to contest the case

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten 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. 567(C) of 2012 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T