Santosh Kumar Chauhan @ Santosh Chauhan v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.11960 of 2017 (3) dt.20-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11960 of 2017 Arising Out of PS.Case No. -212 Year- 2015 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ====================================================== Santosh Kumar Chauhan @ Santosh Chauhan, S/o Uma Shankar Chouhan, R/o Village - Halwa Patti, Simri, P.S. - Simri, District - Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kanchan Devi, W/o Santosh Kumar Chauhan @ Santosh Chauhan, D/o Shiv Shankar Chauhan R/o Vill. Basdiha, P.S. Dinara, Dist Rohtas. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Digvijay Kumar Ojha, Advocate. For the Opposite Party/s : Mrs. Smt. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-06-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 212(C) of 2015, registered under Section 498 'A' of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The accusation is of torturing the complainantopposite party no. 2 by her husband and in-laws due to nonfulfillment of demand of dowry and also driven out from her matrimonial house.

Learned counsel for the petitioner submits that, in fact,

Patna High Court Cr.Misc. No.11960 of 2017 (3) dt.20-06-2017 petitioner, who is the husband of the complainant, is unemployed whereas complainant is doing the job of Executive Assistant in Manrega and after joining the job complainant started to neglect the petitioner and only to give undue pressure the present case has been lodged with false allegation. It is further submitted that in Mediation Centre while petitioner expressed his desire to keep his wife-complainant with full dignity and honour but the complainant is not ready to live with the petitioner though she wants to settle the issue in terms of one time settlement amount, which is not possible for the petitioner.

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. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Complaint Case No. 212(C) of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T