Rajesh Kumar Chaudhary @ Rajesh Chaudhary @ Rajesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81327 of 2023 Arising Out of PS. Case No.-1770 Year-2022 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== RAJESH KUMAR CHAUDHARY @ RAJESH CHAUDHARY @ RAJESH Son of Lal Babu Chaudhary R/o vill - Baruhi, P.S. - Sahar, Dist. - Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Usha Kumari D/o Late Munna Chaudhary R/o vill - Ramchandra ke Bathan, P.s. - Jagdishpur, Distt. - Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiv Prasad Gupta, Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Complaint Case No. 1770C of 2022 registered for the offences punishable under Sections 376, 420 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

3. Allegedly, petitioner is said to have developed illicit relations with the complainant on the pretext of marriage, but later on, started demanding Rs. 2 lakhs as dowry and ultimately, refused for performing the marriage.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been

Patna High Court CR. MISC. No.81327 of 2023(2) dt.21-12-2023 2/2 falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is love affairs between the parties. Later on, matter has been compromised by both the parties. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail and submitted that it is not a fit case for anticipatory bail.

6. Considering the facts and circumstances of the case as well as nature of the offence, I am not inclined to enlarge him on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seeks regular bail, the learned Court below shall pass order on the same day in accordance with law without being prejudiced by this order considering the fact that there is compromise between the parties.

(Anjani Kumar Sharan, J) divyanshi/- U T