Pradeep Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67308 of 2019 Arising Out of PS. Case No.-461 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== PRADEEP CHOUDHARY Son of Kishan Chand Chaudhary Resident of Chaudhariyan, Mohalla, P.S.- Narnaul, District- Mahendgarh, Haryana. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Smt. Puja Chaudhary Wife of Pradeep Chaudhary, Daughter of Sri Umanath Resident of Village- Quila Road, Chamdoriya, P.S.- Chowk, Patna City, District- Patna- 800008.

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava For the Opposite Party/s :

Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-12-2021 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

At the very out set, learned counsel for the petitioner, producing an order passed by the Hon'ble Supreme Court in Transfer Petition (Civil) No (s).422/2019, submits that with consent of both the parties, all cases, civil, criminal or complaints under Domestic Violence Act shall stand closed. The relevant portion of the aforesaid order is quoted hereinbelow:

Patna High Court CR. MISC. No.67308 of 2019(4) dt.07-12-2021 2/2 i) The marriage that took place between the petitioner and the respondent on 29.01.2016 shall stand dissolved by a decree of divorce by mutual consent. This order is passed by invoking the powers under Article 142 of the Constitution.

ii) All cases, civil, criminal or complaints under Domestic Violence Act shall stand closed in terms of the settlement and parties shall have no further or other claims against each other.

Pending application (s), if any, shall stand disposed of.

In that view of the matter, 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.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No.461 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T