Subodh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7530 of 2023 Arising Out of PS. Case No.-146 Year-2021 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Subodh Chaudhary S/O Lal Mohan Chaudhary Resident Of Village- Babhana, P.S. And District- Jehanabad.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pinki Kumari W/O Subodh Chaudhary, D/O Butan Chaudhary Resident Of Village- Kurth Bazar, P.S.- Kurtha, District- Arwal. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar For the Opposite Party/s :

Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Though a vakalatnama is filed on behalf of learned counsel for opposite party no. 2 but nobody appears on behalf of opposite party no. 2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code.

Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.7530 of 2023(3) dt.05-07-2023 2/3 petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. He is still ready to keep her with full honour and dignity. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182. The petitioner has got no criminal antecedent as mentioned in para-3 of the bail application. Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case, 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. 146 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.7530 of 2023(3) dt.05-07-2023 3/3 If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) anand/- U T