Naresh Chaudhary @ Naresh Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81289 of 2019 Arising Out of PS. Case No.-254 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== 1.
Naresh Chaudhary @ Naresh Kumar Chaudhary, Son of Late Jagarnath Chaudhary Resident of Village - Ibrahimpur, P.S.- Saraiya, Distt.- Muzaffarpur.
2.
Urmila Devi Wife of Late Jagarnath Chaudhary Resident of Village - Ibrahimpur, P.S.- Saraiya, Distt.- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surendra Kishore Thakur For the Opposite Party/s :
Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-02-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Saraiya P.S. Case no. 254 of 2019, registered under Sections 363, 365, 341, 342 and 323/34 of the Indian Penal Code.
The accusation is that the marriage of Rinku Devi, sister of informant, was performed in the year 2007 with the petitioner and, thereafter, she went to her matrimonial house, where she was being tortured regarding which case bearing trial No. 236 of 2019 was filed, which is pending in the Court of A.C.J.M-X, Chapra. In that course, his sister was taken by
Patna High Court CR. MISC. No.81289 of 2019(4) dt.04-02-2020 2/3 the petitioner, but, she was again brutally assaulted regarding which sister of the informant gave information to him, but informant could not succeed to talk his sister on mobile. The informant raised suspicion about kidnapping of his sister by the petitioners.
Learned counsel for the petitioners submits that, admittedly, petitioner No.1 and 2 are husband and mother-inlaw of Rinku Devi, sister of the informant, the informant filed the Complaint petition in Civil Court Chapra, which is pending as Trial No. 236 of 2019 in the Court of ACJM-X, Chapra for demand of dowry and she started to live at his Myaka at the pressure of the informant and petitioner made attempt to take her in his house, but she did not come in her matrimonial house then petitioner No.1 filed Divorce Case No. 308 of 2019 in the Court of Principal Judge, Family Court, Muzaffarpur, which is pending for disposal.
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 four 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 the learned Addl. Chief
Patna High Court CR. MISC. No.81289 of 2019(4) dt.04-02-2020 3/3 Judicial Magistrate-I, West Muzaffarpur in connection with Saraiya P.S. Case No. 254 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T