Dinesh Chaudhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.972 of 2019 Arising Out of PS. Case No.-469 Year-2016 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Dinesh Chaudhary S/o Late Amerika Chaudhary @ Amirkan Chaudhary, resident of village-Tarwan, P.S-Bankey Bazar, Distt.-Gaya. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Indrani Devi @ Indrarani Devi D/o Raman Chaudhary, W/o Dinesh Chaudhary R/vill-Tarwan,P.S-Bankey Bazar,Distt.-Gaya. At present Residing at Mohalla-Chaudhary Nagar, Baratpur, P.S-Aurangabad Town, Distt.-Aurangabad.

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

For the Petitioner/s :

Mr. Kumar Gangesh Gunjan, Adv.

For the State :

Mr. Atul Chandra, APP For opposite party no.2 :

Ms. Rupa Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-03-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 469 of 2016, disclosing offences under Sections 147, 323, 379, 498(A), 504/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. Allegation against the petitioner is of subjecting his wife to cruelty and harassment with respect to demand of dowry. Submission of learned counsel for the petitioner is that the petitioner is still ready to keep the complainant, but she has not appeared.

Heard learned A.P.P. as well as learned counsel for the complainant, who opposed the prayer for anticipatory bail of the petitioner on that ground that the petitioner has already filed a

Patna High Court CR. MISC. No.972 of 2019(3) dt.07-03-2019 2/2 divorce case and in the maintenance case, the petitioner was directed to pay Rs.15,00/- per month and the petitioner is not paying the interim maintenance.

Having heard both sides, in view of the facts and circumstances of the case, this application is disposed of with a direction to the petitioner to surrender before the court below and to pay the 50% of the dues amount of interim maintenance within a period of eight weeks and the learned court below shall release the petitioner on provisional bail for a period of five months and rest of the 50% of the dues amount of maintenance will be deposited within a period of five months and he will continue to pay the interim maintenance on monthly basis and once being satisfied with the payment of total dues amount and the payment of monthly interim amount to the complainant, the learned court below shall confirm the bail bonds of the petitioner, otherwise he is free to pass any order or orders including the cancellation of bail bonds of the petitioner.

Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) Amjad/- U T