Pradeep Chaudhary @ Pradeep Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86405 of 2024 Arising Out of PS. Case No.-275 Year-2023 Thana- COMPLAINT CASE - BENIPATTI District- Madhubani ====================================================== Pradeep Chaudhary @ Pradeep Kumar Chaudhary S/o- Late Sonelal Chaudhary R/O-Village- Bhoj Paroul (Navrathan Tol), P.S.- Bisfi, DistrictMadhubani. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Nisha Kumari W/o- Pradeep Chaudhary R/O-Village- Bhoj Paroul (Navrathan Tol), P.S.- Bisfi, District- Madhubani., Pre. Add- Rambriksh Kamat Vill- Parsauni Ps- Bisfi Dist- Madhubani ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Prakash For the State :
Mr. Akshay Lal Pandit For Opposite Party No. 2:
Mr. Shailendra Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-05-2025
1. Heard learned Counsel for the petitioner, learned Counsel for the complainant-Opposite Party No. 2 and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Complaint Case, C. R. No. 275 of 2023, in which cognizance has been taken for the offences punishable under Sections 494/323/498-A/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
3. The allegation, as per the First Information Report, is that the marriage of the Opposite Party No. 2 was solemnized with the petitioner on 30.04.217 and after sometime, the petitioner and other family members started demanding Rs. 1,00,000/- in cash and one gold chain by way of
Patna High Court CR. MISC. No.86405 of 2024(3) dt.08-05-2025 2/3 dowry and due to non-fulfillment of the said demand, the petitioner and other family members tortured the Opposite Party No. 2 physically as well as mentally and also ousted the Opposite Party No. 2 from her matrimonial home.
4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. However, without prejudice to the right and contention of the petitioner, and in order to maintain harmony in the family, the petitioner is ready and willing to pay a sum of Rs. 3,500/- per month to the Opposite Party No. 2 as living cost, subject to the final outcome of the present case as well as the matrimonial case, if any, pending and/or decided between the parties.
5. Learned Counsel for the complainant-Opposite Party No. 2 accepts the offer so made by learned Counsel for the petitioner and submits that the petitioner may be directed to deposit the said amount of Rs. 3,500/- per month in the bank account of the complainant-Opposite Party No. 2, details of which shall be furnished by learned Counsel for the Opposite Party No. 2 to learned Counsel for the
Patna High Court CR. MISC. No.86405 of 2024(3) dt.08-05-2025 3/3 petitioner within fifteen days from today.
6. After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the offer made by learned Counsel for the petitioner has been accepted by learned Counsel for the Opposite Party No. 2, I am inclined to grant the petitioner privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his arrest/surrender before the learned Court below within a period of six weeks from today, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Benipatti, Madhubani, in connection with C. R. No. 275 of 2023.
9. This is subject to the condition that the petitioner shall deposit a sum of Rs. 3,500/- per month in the bank account of Opposite Party No. 2 positively, starting from 07th June, 2025.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √