Patna High CourtCR. MISC./42044/2016bail granted

Mahendra Chaudhary v. State Of Bihar And ANR

2016-09-27Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42044 of 2016 Arising Out of PS.Case No. -770 Year- 2014 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Mahendra Chaudhary Son of Late Purnwashi Chaudhary Resident of Village-Saraiyan P.S.-Amjhor, District-Rohtas .... .... Petitioner/s

Versus

1. The State of Bihar

2. Puja Devi W/o Ashok Chaudhary, D/o Basant Chaudhary R/o VillageSaraiyan, P.S.Amjhor, District-Rohtas, At present Address- Hariharganj, Ward No- 7, P.S. Nasariganj District-Rohtas .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Aditya Narayan Singh-1 For the Opposite Party/s : Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-09-2016 Heard learned counsels for the petitioner and the State. The petitioner being father of the husband of the complainant is apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code.

The basic accusation is of torture.

It is submitted by the learned counsel for the petitioner that the husband of the complainant has filed Matrimonial Suit No. 237 of 2014 with a prayer for restitution of conjugal life and the husband of the complainant is still ready to keep her. Statement to

Patna High Court Cr.Misc. No.42044 of 2016 (2) dt.27-09-2016 2/2 that effect has been made in paragraph 9 of the petition which reads as follows:

"That the son of the petitioner i.e. husband of the complainant is still ready to keep the complainant." More over, thrust of accusation is against the husband of the complainant.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve 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 learned SDJM, Bikramganj, Rohtas in connection with Complaint Case No. 770 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T