Akash Kumar Chanchal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66607 of 2024 Arising Out of PS. Case No.-257 Year-2024 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Akash kumar Chanchal S/O Late Narendra Kumar Chanchal R/O Vill.- Tehta Math, P.S- Makhdumpur, Distt.- Jehanabad ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Payal Kumari W/O Akash Kumar Chanchal R/O Village- Tehta Math, P.SMakhdumpur, Distt.- Jehanabad. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivendra Prasad, Advocate For the Opposite Party/s :
Mr. Madhura Nand Jha, APP For the O.P. No.2 : Mr. Vijay Kumar, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 01-05-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2.
2. The petitioner apprehends his arrest for the offences punishable under Sections 341, 323, 379, 506 and 498A/34 of the Indian Penal Code.
3. Petitioner is the husband of opposite party no.2. The allegation is of demand of dowry and torture.
4. It is submitted by learned counsel for the petitioner that the allegations levelled against the petitioner are totally false. As a matter of fact, the petitioner is ready to keep the informant provided she cooperates with him and his family. It is further submitted that the informant's behaviour with him
Patna High Court CR. MISC. No.66607 of 2024(6) dt.01-05-2025 2/3 and his family members is not cordial. It is further submitted that the mother of the opposite party no.2 has also lodged a case bearing Makhdumpur P.S. Case No.256 of 2024 in which there is allegation that on 25.05.2024, the parents and other relatives of the informant had come to her residence and other relatives and had indulged in assault.
5. The application has been opposed by the learned APP for the State and learned counsel for the opposite party no.2 on the ground of allegations made in the F.I.R.
6. At this stage, the petitioner offers to give Rs.4000/- (Rupees Four Thousand) per month to opposite party no.2 in the first week of every month. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding.
7. In such 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 four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten 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
Patna High Court CR. MISC. No.66607 of 2024(6) dt.01-05-2025 3/3 Makhdumpur P.S. Case No.257 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and subject to the further condition that the petitioner shall cooperate in the investigation/trial.
8. Learned counsel for the opposite party no.2, under instruction, submits that the opposite party no.2 undertakes to provide her bank account details to the petitioner within a period of two weeks from today. If the opposite party no.2 furnishes the bank account in which the amount can be transferred, and yet the petitioner fails to give the aforesaid amount on two consecutive dates to opposite party no.2, the opposite party no.2 would be at liberty to file cancellation of bail.
9. Accordingly, this application stands disposed of. (Soni Shrivastava, J) Trivedi/- U T