Akhilesh Kumar Chaudhary @ Bhola v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59441 of 2022 Arising Out of PS. Case No.-491 Year-2022 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== AKHILESH KUMAR CHAUDHARY @ BHOLA S/O- Late Jagdish Prasad Chaudhary R/o- Village- Hanshi, P.S.- Jalalgarh, District- Purnea. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sweta Kumari @ Sweta Devi W/O- Akhilesh Kumar Chaudhary, D/OManoj Jaiswal R/o - Village - Bihariganj, Ward No. 9, P.S. - Bihariganj, District - Madhepura.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Dr. (Mr.) Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh For the O.P. No. 2 :

Mr. Ram Pravesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-03-2024

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 498A of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner, being the husband of the opposite party no. 2, has been falsely implicated in the present case. It is further submitted that petitioner is a person with clean antecedent and allegation is of demand of dowry and torture. It is next submitted that petitioner has also filed a case under Section 9 of

Patna High Court CR. MISC. No.59441 of 2022(4) dt.04-03-2024 2/3 the Hindu Marriage Act seeking restitution of his conjugal right which is pending in the court of learned Principal Judge, Family Court, Purnia. It is thus submitted that petitioner is always willing to restitute his conjugal right but then informant is reluctant in restituting her conjugal right with the petitioner. It is also submitted that based on instruction of the petitioner, he is willing to establish his bona fide by paying a monthly maintenance of Rs.3,500/- (rupees three thousand five hundred) to the opposite party no. 2.

4. The said submissions of the learned counsel appearing on behalf of the petitioner is not objected by the learned counsel appearing on behalf of the opposite party no. 2 rather it has been submitted by the learned counsel appearing on behalf of the opposite party no. 2 that he will Whatsapp the bank account number of the opposite party no. 2 on the Whatsapp number of the learned counsel for the petitioner and the learned counsel for the petitioner undertakes to communicate the same to the petitioner so that the monthly maintenance commences from 18.03.2024 as agreed.

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

Patna High Court CR. MISC. No.59441 of 2022(4) dt.04-03-2024 3/3 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.5,000/- (Rupees 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. 491 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. However, the opposite party no. 2 shall be at liberty to file an application before this Court seeking cancellation of anticipatory bail granted to the petitioner in the event if the petitioner does not deposit the monthly maintenance as agreed for two consecutive months.

(Satyavrat Verma, J) Kundan/- U T