Ashok Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72305 of 2023 Arising Out of PS. Case No.-152 Year-2022 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== 1.

ASHOK CHAUDHARI SON OF LATE BIHARI CHAUDHARI RESIDENT OF VILLAGE - CHEHARIA, P.S. - DURGAWATI, DISTRICT - KAIMUR (BHABHUA) 2.

SUMITRA CHAUDHARI @ SUMITRA DEVI WIFE OF ASHOK CHAUDHARI RESIDENT OF VILLAGE - CHEHARIA, P.S. - DURGAWATI, DISTRICT - KAIMUR (BHABHUA) ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR BIHAR 2.

DURGAWATI CHAUDHARY WIFE OF AJEET CHAUDHARI RESIDENT OF VILLAGE - CHEHARIA, P.S. - DURGAWATI, DISTRICT - KAIMUR (BHABHUA) AT PRESENT RESIDING DAUGHTER OF KRISHNA CHAUDHARI, VILLAGE - KATTARDHUNA, MALIPARA, P.O. - BUDHARAJA, P.S. - AITHAPALI, DISTRICT - SAMBALPUR, ORRISA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Binod Kumar Mr. Rajeev Ranjan Mr. Akash Kumar Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2023 Heard learned counsel for the petitioners, learned counsel for the complainant as well as learned Additional Public Prosecutor for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 323, 498(A), 494 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

3. Petitioners, who are the in-laws of the opposite party

Patna High Court CR. MISC. No.72305 of 2023(2) dt.29-11-2023 2/3 no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of their family members over the dowry demand.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He further submits that the husband of complainant has already been granted bail by a coordinate Bench of this Court vide order dated 01.11.2023 passed in Cr. Misc. No.68286 of 2023. Petitioners have one criminal antecedent.

5. Learned APP for the State as well as learned counsel for the O.P. No.2 opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in

Patna High Court CR. MISC. No.72305 of 2023(2) dt.29-11-2023 3/3 connection with Complaint Case No.152 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T