Bhutku Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70209 of 2019 Arising Out of PS. Case No.-330 Year-2016 Thana- COMPLAINT CASE District- Banka ====================================================== BHUTKU CHOUDHARY, Son of Fagu Choudhary, Resident of Village - Telia, Police Station - Banka, District - Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Baby Devi D/o Mahendra Mandal Resident of Village - Haripur, Police Station - Barahat, District - Banka.

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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

Learned counsel for the petitioner submits that notice has been issued to the husband of opposite party no. 2, by a Bench of this Court vide order dated 18.12.2019 passed in Cr. Misc. No. 73952 of 2019, for settlement of dispute. Though the case is under Section 498A of the Indian Penal code. Petitioner is father-in-law of opposite party no. 2. The allegation of demand of dowry and torture for the same is general and omnibus. There is no material to substantiate that

Patna High Court CR. MISC. No.70209 of 2019(3) dt.17-01-2020 2/2 the petitioner is going to tamper with the evidence or abscond the process of law.

Considering the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Complaint Case No. 330 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner and also the petitioner shall not leave the country without permission of the trial court.

(Birendra Kumar, J) Kundan/- U T