Patna High CourtCR. MISC./58741/2022disposed

Madhup Kumar Choudhary @ Bablu v. The State Of Bihar

2023-04-29Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58741 of 2022 Arising Out of PS. Case No.-5 Year-2022 Thana- MAHILA PS District- Darbhanga ====================================================== Madhup Kumar Choudhary @ Bablu Son of Ramsharan Choudhary, Resident of Village - Tarouni, P.S.- Bahera, District - Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar 2.

Ladli Kumari Daughter of Sadanand Isser, Resident of Village - Poudi Dakhram, P.S.- Bahera, District - Darbhanga.

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

For the Petitioner/s :

Mr.Dinesh Choudhary, Advocate For the Opposite Party/s :

Mr.Shaheen Begum, APP For the Informant :

Mr.B.Nath Prasad, Advocate Mr.Pramod Kumar Yadav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-04-2023 Heard learned counsel for the parties.

2. The petitioner seeks pre-arrest bail in connection with Darbhanga Mahila P.S.Case No.05/2022 registered for the offences punishable under Sections 498(A), 323, 504, 506 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.

3. Prosecution story, in brief, is that the matrimonial relationship strained between the parties due to non-fulfilment of demand of dowry, the petitioner tortured and assaulted the opposite party no.2, who is the wife of the petitioner, and O.P.No.2 was compelled to file a complaint against the petitioner.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.58741 of 2022(3) dt.29-04-2023 2/3 petitioner submits that the petitioner is ready to keep his wife i.e. opposite party no.2 with full dignity and honour, however, opposite party no.2 is not ready to live with him.

5. Learned counsel appearing on behalf of opposite party no.2 informs this Court that the opposite party no.2 is not ready to live with the petitioner because the petitioner tortures her and demands dowry.

6. Considering the fact that the petitioner is still ready to keep his wife i.e. O.P. no.2 with full dignity and honur, it would be in the interest of the couple to direct the petitioner to be released on pre-arrest bail provisionally in connection with Darbhanga Mahila P.S.Case No.05/2022 pending before the S.D.J.M., Darbhanga on such terms and conditions as laid down under Section 438(2) of the Cr.P.C. and the court below deems it fit and proper.

7. In the meantime, the learned court below shall watch the conduct of the petitioner for one year that the petitioner is living a happy matrimonial life with the O.P. No.2. On being satisfied with the conduct of the petitioner and no any complaint is made out by the O.P.No.2, the provisional bail of the petitioner is directed to be confirmed on such terms and conditions under Section 438(2) of the Code of Criminal

Patna High Court CR. MISC. No.58741 of 2022(3) dt.29-04-2023 3/3 Procedure and other conditions as the court below deems fit and proper.

8. Accordingly, the bail application stands disposed of.

(Purnendu Singh, J) chn/- U