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Patna High CourtCR. MISC./65099/2022allowed

Uday Shankar Chauhan v. The State Of Bihar

2023-01-30Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65099 of 2022 Arising Out of PS. Case No.-31 Year-2017 Thana- MAHILA P.S. District- Sheikhpura ====================================================== UDAY SHANKAR CHAUHAN SON OF RAJ KISHORE CHAUHAN R/O VILLAGE- DHANRAJ BIGHA, P.S.- MANPUR, DISTRICT- NALANDA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

NIRANJANI DEVI WIFE OF UDAY SHANKAR CHAUHAN, D/O INDRAJEET CHAUHAN R/O VILLAGE- FARPAR, P.S.- ARIARI, DISTRICT- SHEIKHPURA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rabindra Prasad Singh For the Opposite Party/s :

Mr. Arvind Kumar Pandey(App84) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner undertakes to remove the defect (s), as pointed out by the office, within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Petitioner, who is husband of the informant, is said to have assaulted and tortured the informant on non-fulfillment of demand of dowry.

Patna High Court CR. MISC. No.65099 of 2022(3) dt.30-01-2023 2/2 It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner is ready to keep the informant with full honour and dignity. Informant/opposite party no.2 is not ready to live with the petitioner because the informant has solemnized second marriage with another person. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, 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 Sheikhpura (Mahila) P.S. Case No. 31 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T