Devendra Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70921 of 2022 Arising Out of PS. Case No.-557 Year-2021 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Devendra Kumar Chaudhary S/O Jagdish Chaudhary R/O Village- Belhari, P.O- Bamhaur, P.S- Mohania, District- Kaimur ... ... Petitioner/s

Versus

1.

The State Of Bihar Bihar 2.

Arpana Kumari W/O Devendra Kumar Chaudhary, D/O Raza Ram Chaudhary R/O Village- Banauli, P.S- Chenari, District- Rohtas, Mob7857886046 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satish Kumar Singh, Advocate For the Complainant :

Mr. Fazle Karim, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-10-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in a case in connection with Complaint Case No. 557 of 2021 dated 05.10.2021 registered for the offence/s punishable u/s 498A read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the complainant

Patna High Court CR. MISC. No.70921 of 2022(4) dt.30-10-2023 2/3 mentally and physically due to non-fulfillment of demand of dowry.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner is the husband of the complainant. Learned counsel has further submitted that the petitioner neither demanded any dowry nor tortured the complainant. Learned counsel has further submitted that both the parties have already settled the dispute through mediation and an agreement was made on 19.09.2023 at the High Court Patna, Mediation Centre. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as in the light of an agreement made on 19.09.2023 at the High Court Patna Mediation Centre, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Rohtas in connection with Complaint Case No. 557 of 2021, subject to conditions as laid

Patna High Court CR. MISC. No.70921 of 2022(4) dt.30-10-2023 3/3 down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T