Yogesh Kumar Chouhan @ Yogesh Chauhan @ Yugesh Chauhan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6856 of 2015 Arising Out of PS.Case No. -321 Year- 2014 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================

1. Yogesh Kumar Chouhan @ Yogesh Chauhan @ Yugesh Chauhan Son of Late Ramji Chouhan, Resident of Village - Mohan Bigha, P.S. - Pakriwarama, District - nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Kumari Savitri Chouhan, Wife of Yogesh Chouhan Daughter of Sri Ran Vijay Chouhan, Resident of Lohdha Laxmipur, P.S. -Muffasil, District - Nawada.

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

For the Petitioner/s : Mr. Jyoti Ranjan Jha, Advocate For the Opposite Party/s : Mr. Ashok Kumar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-02-2015 Heard learned counsel for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 498A, 494 of the Indian Penal Code and 4 of the Dowry Prohibition Act.

The accusation is of torture for non-fulfillment of the dowry demand and performing second marriage. It is submitted by the learned counsel for the petitioner that petitioner has not performed second marriage and is ready to keep the complainant as wife with full dignity

Patna High Court Cr.Misc. No.6856 of 2015 (2) dt.20-02-2015 and honour. Statement to that effect has been made in para-7 of the petition. The petitioner has also filed restitution case. Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for one year in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Nawada in connection with Complaint Case No. 321 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Let the learned court below issue notice to the complainant on her appearance the petitioner will take the complainant to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be confirmed within one year by the learned court below in three eventualities:- (i) on substantial restoration of the matrimonial harmony; (ii) or if the complainant gets reluctant to reconcile the issue; and (iii) or if the complainant fails to appear before the learned court.

(Dinesh Kumar Singh, J) P.K./- U T