Raju Chaudhary @ Raju Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80815 of 2019 Arising Out of PS. Case No.-64 Year-2017 Thana- BEN P.S. District- Nalanda ====================================================== RAJU CHAUDHARY @ RAJU CHAUDHARI Son of Dayanand Chaudhari Resident of Village - Oriyama, P.S.- Ekangarsarai, District - Nalanda. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sulekha Kumari Wife of Raju Chaudhari Daughter of Ashok Chaudhari, At present residing at village - Sikaripar, P.S.- Ben, District - Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Ms.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-01-2020 Petitioner seeks bail in anticipation of his arrest in connection with Ben P.S. Case No. 64 of 2017 registered for the offences punishable under Sections 498A, 341, 323, 307, 376 and 452/34 of the Indian Penal Code.

Petitioner happens to be husband of the informant and there is allegation he assaulted her for non-fulfilment of demand of Rs.1 lac and for that he kept her in Surat and it is alleged that one Dinanath Choudhary has committed rape upon her and she returned to her Naihar.

Submission of learned counsel for the petitioner is that whole allegation is false and concocted and place of occurrence, date of occurrence and where she is alleged to have

Patna High Court CR. MISC. No.80815 of 2019(2) dt.21-01-2020 2/2 been raped have not been mentioned.

Heard learned APP also.

In view of above facts and circumstances, let petitioner, in the event of surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Ben P.S. Case No. 64 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned. It is made clear that if opposite party No.2-complainant wants to reside with the petitioner, he has to keep her with dignity and care.

(Vinod Kumar Sinha, J) spal/- U T