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Patna High CourtCR. MISC./61052/2024allowed

Jitu Chaubey @ Jitu Kumar v. The State Of Bihar

2024-11-20Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61052 of 2024 Arising Out of PS. Case No.-803 Year-2021 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Jitu Chaubey @ Jitu Kumar S/O Bhupendra Chaubey R/O Village- Ramnagar Bairiya, P.S- Nautan, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Roshini Devi W/O Jitu Chaubey @ Jitu Kumar, D/O Munna Upadhyay R/O Village- Ramnagar Bairiya, P.S- Nautan, Distt.- West Champaran, Present Address R/O Village- Mathiya, P.S- Lauriya, Distt.- West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-11-2024 Heard learned counsel for the parties.

2. Though ordinary notice has been received by opposite party No. 2, but nobody appears on behalf of opposite party no. 2.

3. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 323, 504, 34 of the Indian Penal Code.

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

5. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.61052 of 2024(3) dt.20-11-2024 2/2 petitioner that the petitioner is an innocent person and has committed no offence. The petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. The petitioner has one criminal antecedent as mentioned in para-3 of this application.

6. 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. 803 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C..

7. 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.

8. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) anand/- U T