Nitish Chaudhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12325 of 2018 Arising Out of PS. Case No.-774 Year-2016 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Nitish Chaudhary, s/o- Bhim Chaudhary, resident of village Kaji Bigha Pasiya Tolla, P.S.- Gaurichak, District- Patna.

... ... Petitioner/s

Versus

1. The State Of Bihar

2. Sunita Devi, d/o- Bhushan Chaudhary, r/o- village May, P.S.- Hilsa, District- Nalanda.

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

For the Petitioner/s :

Mr. Arvind Kumar For the Opposite Party/s :

Mr. ATUL CHANDRA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-03-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No. 2 . The petitioner is apprehending his arrest in a case in which cognizance has been taken Section 498A of the Indian Penal Code and 4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the Counsels for the parties that the matter has been resolved between them and they want to reside together with all respect and dignity. Considering the same, let the petitioner, above named,

Patna High Court Cr.Misc. No.12325 of 2018(2) dt.05-03-2018 2/2 in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Hilsa, Nalanda in connection with Complaint Case No. 774C/2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

If so advised, the parties may file a joint affidavit in the Court below for withdrawal of the present prosecution. The Court below shall consider the said affidavit filed on behalf of the parties and pass an appropriate order in the interest of justice.

(Sudhir Singh, J) Pankaj/- U T