← Library
Patna High CourtCR. MISC./81305/2024bail granted

Dharmendra Chauhan v. The State Of Bihar

2025-07-30Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81305 of 2024 Arising Out of PS. Case No.-37 Year-2023 Thana- LAUKARIA District- West Champaran ====================================================== Dharmendra Chauhan S/O Bhushan Chauhan Resident of Village Balua Kataiya ,P.S- Laukariya,Dist.- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sunita Devi Wife of Dharmendra Chauhan R/O- Balua Kataiya, P.SLaukariya, Dist- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prithvi Nath Mishra, Advocate For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-07-2025 Heard Mr.Prithvi Nath Mishra, learned counsel for the petitioner, learned counsel for opposite party No.2 and Mr.Khurshid Anwar, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Laukariya P.S. Case No.37 of 2023, dated 26.04.2023 registered for the offences punishable under Sections 498(A),494,379,366(A) of the Indian Penal Code.

3. Allegation against the petitioner and other coaccused persons is of committing torture upon the victim due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the

2/4 petitioner has clean antecedent and he has falsely been implicated in the present case merely on the ground that the petitioner is husband of the complainant. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR.

5. Learned counsel for the petitioner, on instruction, fairly submits that the petitioner is ready to pay Rs.3,000/- per month to opposite party No.2 as interim maintenance till the disposal of maintenance case, if any.

6. Learned counsel for opposite party No.2, on instruction, submits that the opposite party No.2 is ready to receive Rs.3000/- per month till the disposal of maintenance case.

Bank details of opposite party No.2 is as follows: Name of Opp.Party No.2:- Sunita Devi. Bank Name:- Punjab National Bank. Branch Name:- Narainpur, Bagaha-2. A/C No.:-7164001700256760. IFSC Code: -PUNB0716400.

7. Considering the aforesaid facts, 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 bail on furnishing bail bond of Rs.10,000 (Ten Thousand) with two sureties of the like

3/4 amount each to the satisfaction of learned A.C.J.M.-III, Bagaha, West Champaran in connection with Laukariya P.S. Case No.37 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of BNSS,2023 and with other following conditions:- (I) Petitioner shall pay Rs.3,000/- per month to opposite party No.2 till the disposal of the maintenance case in her bank account as mentioned in the aforesaid. If the petitioner fails to pay the aforesaid amount per month to opposite party No.2 till the disposal of the maintenance case, the opposite party No.2 shall be at liberty to move before the appropriate forum for cancellation of bail bond of the petitioner.

(II) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(IV) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at

4/4 any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T