Dr. Ramesh Kumar Choudhary @ Ramesh Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66709 of 2024 Arising Out of PS. Case No.-2773 Year-2023 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== Dr. Ramesh Kumar Choudhary @ Ramesh Kumar Choudhary S/O Dinesh Choudhary @ Dinesh Prasad Choudhary Resident of Mohalla- City Raod Gulabbagh, Police Station- Sadar, District -Purnea ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Annu Kumari W/O Dr. Ramesh Kuamr Choudhary, D/O Abhinandan Bhagat R/O Mohalla- Nawratan Nata, P.S- K.Hat (Sahayak), Distt.- Purnea, Mobile No. 6202773075, Permanent Address Badi Begna, P.S- K.Nagar, Distt.- Purnea.

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

For the Petitioner/s :

Mr.Amit Srivastava For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 27-03-2025 Heard learned counsel for the respective parties.

2. The petitioner is apprehending his arrest in connection with Complaint Case No. 2773 of 2023 for the offence under Sections 323, 504 and 498A of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

3. It is a case of matrimonial dispute between the parties. Petitioner is the husband of opposite party no. 2 (complainant). Allegation against the petitioner and his family members is of torturing, assaulting and ousting the informant from her matrimonial house due to non-fulfillment of dowry demand.

Patna High Court CR. MISC. No.66709 of 2024(4) dt.27-03-2025 2/3

4. Learned counsel for the petitioner submits that petitioner is quite innocent, committed no offence and has been falsely implicated in this case. There is general and omnibus allegation against the petitioner for dowry demand and torture. Petitioner has never demanded any dowry from the complainant and for that never tortured her. Lastly he prayed to enlarge the petitioner on anticipatory bail.

5. During course of argument learned counsel for both the parties has submitted that earlier this case was referred to Mediation Centre, Patna High Court, where the matter was amicably settled on the point of one time settlement of Rs. 30,00,000/- (thirty lakhs) to be given by petitioner in favour of his wife (opposite party no. 2). Learned counsel for both the parties are agreed on the terms and conditions of Memorandum of Agreement in Mediation Proceeding No. 1565 of 2024. Today, as per agreement, petitioner has given a Demand Draft of Rs. 6,00,000/- in favour of opposite party no. 2.

6. Petitioner is directed to file an undertaking at the time of filing bail bond regarding payment of rest amount.

7. Keeping in view the aforesaid facts and considering the agreement between the parties, let the petitioner be enlarged on anticipatory bail provisionally in the event of arrest or

Patna High Court CR. MISC. No.66709 of 2024(4) dt.27-03-2025 3/3 surrender within a period of four weeks from the receipt/production of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Complaint Case No. 2773 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

8. Trial Court is directed to confirm the provisional bail granted to the petitioner after verifying the deposit receipts of payment of the entire amount i.e. Rs. 30,00,000/- (thirty lakhs) by the petitioner to the opposite party. (S. B. Pd. Singh, J) prabhakar/- U T