Bhashkar Choubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77816 of 2018 Arising Out of PS. Case No.-336 Year-2018 Thana- BEUR District- Patna ====================================================== Bhashkar Choubey son of Basuki Nath Chaubey, resident of Mohalla- Club Road , Ara, P.s.- Ara Nawada, Distt.- Bhojpur Currently resident of Mohalla - Krishna Vihar Colony, P.S.- Beur, Distt.- patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sumeet Kumar Singh For the Opposite Party/s :

Mr.Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-01-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Beur P.S.Case No.336 of 2018 , registered for offences punishable under Sections 323, 498(A), 504, 506 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, 1961. Allegation against the petitioner who happens to be husband of the informant is of demand of four wheeler and the ornaments also.

Submission of the learned counsel for the petitioner is that in this case the informant misbehaved with the mother of the petitioner and for that she filed a petition before the Mahila Police, in which the informant was also noticed and earlier also the matter was compromised as the petitioner is ready to keep

Patna High Court Cr.Misc. No.77816 of 2018(2) dt.03-01-2019 2/3 her but she left the house herself.

Heard learned A.P.P. and the learned counsel for the informant stating that in spite of the fact that after the compromise she started living with the petitioner but the petitioner started torturing her and due to that she is unable to live with the petitioner and he has not paid a single penny for her maintenance. .

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, surrender before the court below within a period of six weeks from the date of order and on surrender he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM VIII, Patna District Patna in connection with Beur P.S.Case no.336 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition that if any petition is field by the informant for maintenance, he will appear in the case and will co-operate in disposal of the same, otherwise the complainant is at liberty to move for cancellation of the bail bond of the petitioner in the court below itself, which will be considered by him and will pass appropriate order.

Patna High Court Cr.Misc. No.77816 of 2018(2) dt.03-01-2019 3/3 With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T