Madan Kumar Chaudhary @ Madan Chaudhary @ Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75196 of 2019 Arising Out of PS. Case No.-392 Year-2018 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== Madan Kumar Chaudhary @ Madan Chaudhary @ Sonu Son of Surendra Chaudhary Resident of Village- Bazidpur Chak Kasturi, P.S.- Desari, DistrictVaishali. ... ... Petitioner

Versus

1.

The State Of Bihar 2.

Arti Kuamri W/o Madan Kumar Chaudhary @ Sonu, D/o Shambhu Nath Chaudhary Resident of Village- Kharjama Ward No.2, Police StationMahnar, Districdt- Vaishali. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar For the State :

Mr. Shailendra Kumar Singh For the O.P. No. 2 : Mr. Sachin Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 16-03-2020 Heard learned counsel for the petitioner and learned counsel for complainant O.P. No. 2.

The petitioner seeks pre-arrest bail in connection with Complaint Case No. C1-392 of 2018 registered under Section 498A/34 of the Indian Penal Code and Section 4 of Dowry Prohibition Act.

It is submitted by the learned counsel for the petitioner that there is no truth behind the allegation of demand of dowry or subjecting the complainant to cruelty for nonfulfillment of demand of motorcycle. It is further contended that the O.P. No. 2 out of her own volition has left her matrimonial

Patna High Court CR. MISC. No.75196 of 2019(2) dt.16-03-2020 2/2 house and is living with her parents.

Learned counsel for the complainant O.P. No. 2 while opposing the prayer for pre-arrest bail to the petitioner submitted that the petitioner being the husband of the complainant repeatedly demanded a motorcycle as dowry and for non-fulfillment of the same, he subjected her to cruelty. Be that as it may, regard being had to the nature of allegation and the submission advanced at the bar, the event of arrest or surrender before the court below, the above named petitioner is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Vaishali at Hajipur in connection with Complaint Case No. C1-392 of 2018, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Ashwani Kumar Singh, J) rohit/- U T