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Patna High CourtCR. MISC./58447/2022bail granted

Suraj Chaudhary v. The State Of Bihar

2023-08-19Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58447 of 2022 Arising Out of PS. Case No.-1820 Year-2016 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== SURAJ CHAUDHARY Son of Jawhir Chaudhary Resident of Village/ Mohalla- Harichandan Bigha Akauna, P.S.- Nawada Muffasil, districtNawada ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SANGEETA DEVI W/O Suraj Chaudhary Resident of Village- Harichandan Bigha Akauna, P.S.- Nawada Muffasil, District- Nawada, at present resident of village- Dohda, P.S.- Nardiganj, District- Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Deo Raj, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-08-2023

1. Despite valid service of report nobody appears on behalf of the petitioner.

2. Heard learned counsel for the petitioner and the State.

3. Petitioner apprehends arrest in a case registered for the offence punishable under sections 498A, 323, 494 of the Indian Penal Code and sections 3 & 4 of the Dowry Prohibition Act.

4. As per the prosecution case, petitioner along with other family members committed torture on the informant's daughter due to non-fulfilment of dowry demand.

Patna High Court CR. MISC. No.58447 of 2022(3) dt.19-08-2023 2/2

5. Learned counsel appearing for the petitioner while denying the allegations, submits that the petitioner has falsely been implicated in this case because he is husband of the victim. However, he is ready to keep the victim with honour and dignity. The case is triable by the Magistrate. The petitioner has further 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. Petitioner has got clean antecedent.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let this petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D. J . M., Nawada in connection with complaint case No. 1820 of 2016 , of subject to the conditions laid down under section 438 of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Kaushik/- U T