Patna High CourtCR. MISC./27427/2015bail granted

Rakesh Chaudhary v. State Of Bihar And ANR

2016-09-28Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.27427 of 2015 (7) dt.28-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27427 of 2015 Arising Out of PS. Case No. -849 Year- 2014 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ====================================================== Rakesh Chaudhary, son of Kameshwar Chaudhary, resident of Village - Teusa, Police Station - Tetua, District - Gaya. .... .... Petitioner

Versus

1. The State of Bihar

2. Anita Devi, wife of Rakesh Chaudhary, Daughter of Babu Lal Chaudhary, Resident of Village - Jarhiya, Post Office - Sarai, Police Station - Sitamarhi, District - Nawadah.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ashok Kumar, Advocate For the State : APP For Opp. Party No. 2 : Mr. Sanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-09-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 498(A) of the Indian Penal Code and 4 of the Dowry Prohibition Act registered in connection with Complaint Case No. 849 of 2014.

3. Learned counsel for the petitioner has filed a supplementary affidavit, in para-3 whereof the specific statement has been made that the opposite party no. 2 has solemnized marriage with one Uday Choudhary with whom she also has a son Deepak Kumar.

4. Learned counsel for the opposite party no. 2 is present but however no counter affidavit has been filed on behalf of the opposite party no. 2 despite the order dated 14.09.2016 requiring the opposite party no. 2 to take a stand in that behalf.

5. Having regard to the entirety of the facts and circumstances of the case, the provisional anticipatory bail granted

Patna High Court Cr.Misc. No.27427 of 2015 (7) dt.28-09-2016 to the petitioner by order dated 23.07.2015 by this Court in connection with Complaint Case No. 849 of 2014 pending in the Court of learned Chief Judicial Magistrate, Nawada is hereby confirmed with the following conditions:- (i) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(ii) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Md. Ibrarul/BT U T