Praveen Kumar @ Dablu Kumar Chaubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75033 of 2025 Arising Out of PS. Case No.-916 Year-2024 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Praveen Kumar @ Dablu Kumar Chaubey S/o Shaktinath Chaubey Resident of Village-Satpipra, Police Station-Ramgarhwa, District-East Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Bhushan Kumari W/o Pravin Kumar @ Dablu Kumar Chaubey, D/o Late Ramsudesh Mishra R/o vill - Chand Parsa, P.S.- Kesariya, Distt.- East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Ranjan For the Opposite Party/s :
Mr. Ram Sevak Choudhary For the Informant :
Mr. Sanjay Kumar Tiwari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Complaint P.S. Case No. 916 of 2024, registered for the offence punishable under Section 498A of the Indian Penal Code.
3. As per the prosecution case, allegation against the petitioner is that he demanded motorcycle in dowry and drove out his wife, (Complainant/opposite party no. 2) from his house on non-fulfillment of demand.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. The complainant never
2/4 wanted to stay with the petitioner rather she wants to live in the matrimonial home only on condition of having separate lodging and boarding for herself. When the petitioner refused, the relationship strained. The allegation of demand of dowry is false and concocted and no such demand has been made. There is no medical report or complain for torture or making any attempt on the life of the complainant. The petitioner has no criminal antecedent and he is in custody since 01.07.2025. Charge-sheet has been submitted.
5. Learned counsel further submits that the petitioner is ready and willing to pay Rs. 3,000/- per month to the complainant/opposite party no. 2 after release from custody.
6. Learned A.P.P. as well as learned counsel for the informant vehemently opposed the submission of the petitioner.
7. Learned counsel for the complainant has submitted that the petitioner has solemnized another marriage and has driven out the complainant from the matrimonial home and the complainant is fatherless lady who is not having any brother as well. Learned counsel further prays for fixing some maintenance amount to the complainant.
8. Having regard to the facts and circumstances and submissions made on behalf of the parties, considering the offer
3/4 of learned counsel for the petitioner and in the totality of facts and circumstances, period of custody, the petitioner, abovenamed, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rs. Ten Thousand Only) with two sureties of the like amount each to the satisfaction of court of learned J.M.F.C./concerned court, in connection with Complaint Case No. 916 of 2024, Tr. No. 1373/2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.
(iii) In case of non-appearance of the petitioner on single date or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.
(iv) The petitioner shall abide by undertaking and will keep on paying Rs. 3,000/- per month to the complainant after release from custody till the disposal of the Complaint Case No. 916/2024. If any amount is ordered to be paid to the
4/4 complainant by any competent court towards maintenance, this amount of Rs. 3,000/- (Three Thousand) shall be adjusted. (Arun Kumar Jha, J) Ranjeet/- U T