Allowed

Sri Niwas Choudhary @ Gulshan v. State Of Bihar and Anr.

Patna HC28 Nov 2013CR. MISC./28597/2013

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner, husband of the informant, in a case involving dowry harassment and torture charges. The grant was conditional on monthly payments and reconciliation efforts.

What did the court decide?

Petitioner released on anticipatory bail subject to paying Rs.4,000 monthly to the wife and facilitating reconciliation, with liberty to cancel bail on default.

Sri Niwas Choudhary @ Gulshan Vs State Of Bihar and Anr. — Dowry and Cruelty | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28597 of 2013

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====================================================== Sri Niwas Choudhary @ Gulshan S/O Sri Arvind Choudhary Resident Of Village- Bhaidaiya, P.S.- Mohiuddin Nagar, District- Samastipur

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.... .... Petitioner/s

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Versus

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The State Of Bihar 2. Rupam Kumari @ Guria Kumari W/O Sri Niwas Choudhary @ Gulshan Resident Of Village- Bhaidaiya, P.S.- Mohiuddin Nagar, DistrictSamastipur, At Present- D/O Gopalji Choudhary, Resident Of VillageSangrampur, P.S.- Pattori, District- Samastipur

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.... .... Opposite Party/s

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====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 28-11-2013 Heard learned counsels for the petitioner and

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the State.

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The petitioner being the husband of the informant is apprehending his arrest in a case registered taken for the offences punishable under Sections 498A, 341, 323, 504 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

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The basic accusation is of torture for nonfulfillment of the dowry demand.

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The petitioner and the informant are present. The factum of marriage between the parties is admitted.

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The petitioner is ready to keep the informant

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Patna High Court Cr.Misc. No.28597 of 2013 (3) dt.28-11-2013 2/3

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as wife with full dignity and honour.

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The offer is not acceptable to the informant since she claims that the petitioner has performed second marriage, which is being denied by the petitioner.

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In the circumstances, at present the

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reconciliation is not feasible.

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In the alternative the petitioner is ready to pay Rs.4,000/- per month from December, 2013 to the informant by depositing the same in her account by second week of every month.

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The offer is acceptable to the informant and undertakes to supply bank account number with a period of two weeks by filing the same on affidavit before the learned court below.

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Considering the stand of the parties, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Mohiuddin Nagar P.S.

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Patna High Court Cr.Misc. No.28597 of 2013 (3) dt.28-11-2013

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3/3

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Case No. 170 of 2012, subject to the conditions as laid

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down under Section 438(2) of the Cr.P.C.

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The aforesaid payment will be subject to any order passed in matrimonial or maintenance proceedings. Three consecutive defaults in making payment will give liberty to the informant to file application for cancellation of bail of the petitioner.

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The grant of bail in no way will preclude the

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parties to resolve the issue otherwise.

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(Dinesh Kumar Singh, J.)

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DKS/

Sri Niwas Choudhary @ Gulshan v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Sri Niwas Choudhary @ Gulshan v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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