Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2374 of 2024 Arising Out of PS. Case No.-363 Year-2023 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Chandan Kumar SON OF RAMRATAN CHOUDHARY @ RAMRATAN CHAUDHARY RESIDENT OF VILLAGE- TARA BARIAYARPUR, WEST WARD NO. 04, PS- KHODAWADNPUR, DIST- BEGUSARAI ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
ARTI KUMARI WIFE OF CHANDAN KUMAR RESIDENT OF VILLAGE- RANI 03, PS- BACHHWARA, DIST- BEGUSARAI ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sandip Kumar Gautam, Adv.
For the Opposite Party/s :
Mr.Umeshanand Pandit, APP.
Mr. Amar Kumar Singh, Adv.
Mr. Rahul Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-05-2024 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 504, 498(A), 406, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
3. Petitioner, who is husband of complainant, is said to have tortured upon the complainant physically and mentally and ousted her from the matrimonial home in association of his family members over the dowry demand.
4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no
Patna High Court CR. MISC. No.2374 of 2024(4) dt.15-05-2024 2/3 offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. It is further submitted that prior to filing of the present complaint case, the father of the petitioner, namely, Ramratan Choudhary has filed Informatory petition no. 4706 of 2022 dated 22.12.2022 in the learned Court below. He further submits that the petitioner is ready to settle the dispute with his wife. Petitioner has no criminal antecedent as mentioned in para 3 of the bail application.
5. In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 learned Court below where the case is pending/successor Court in connection with Complaint Case No. 363C of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,
6. Petitioner is ready to pay Rs.3000.00 (Rupees Three Thousand) per month to the complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, complainant shall be at liberty to
Patna High Court CR. MISC. No.2374 of 2024(4) dt.15-05-2024 3/3 move before the learned Court below for cancelling the bail bond of the petitioner.
7. It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.
8. Learned counsel for the complainant is directed to furnish the bank account details of the complainant. If she fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the complainant after she furnishes her bank account details.
9. If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.
10. With the aforesaid observation and direction, this application stands disposed of.
(Anjani Kumar Sharan, J) divyanshi/- U T