Jagnarayan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 83187 of 2024 Arising Out of PS. Case No.-319 Year-2024 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Jagnarayan Chaudhary, S/o Late Ram Kewal Choudhary, Resident of VillageWard No 11, Pandey Patti, PS- Muffasil, District- Buxar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-12-2024 Heard learned counsel for the petitioner and Ms. Madhuri Lata, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Buxar (Mufassil) P.S. Case No.319 of 2024 instituted for the offence under Sections 126(2), 115, 118(1), 118(2), 117(2), 109, 3(5) of B.N.S., 2023

3. The case of the prosecution is that the informant received an information that her younger sister Prity Devi was being assaulted by her husband. The neighbours have rushed her to the hospital. In the last part of the F.I.R., it is submitted that this petitioner who is Uncle-in-law also subjects her to cruelty and that he was a mediator in the marriage and on his misrepresentation that the bridegroom is a very good boy, the marriage was solemnized.

Patna High Court CR. MISC. No. 83187 of 2024(2) dt.12-12-2024 2/2

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that from perusal of the F.I.R. itself it is clear that only allegation against this petitioner is that he is uncle-in-law and he was mediator in the marriage. No allegation of any specific overt act is against him. Petitioner is a 75 years old man and he is having no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Buxar (Muffasil) P.S. Case No.319 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) lata/- U T