Allowed

Makun Chaudhary v. State Of Bihar and Anr.

Patna HC1 Aug 2017CR. MISC./2719/2017

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail in a criminal case involving 498A IPC and Dowry Prohibition Act allegations. The court granted bail after noting an amicable settlement between husband and wife regarding a monetary dispute, allowing the petitioner seven weeks from the order to surrender.

What did the court decide?

Petitioner granted anticipatory bail for six weeks upon surrender, conditional upon furnishing a bail bond of Rs.10,000/- with two sureties.

Makun Chaudhary Vs State Of Bihar and Anr. — Matrimonial and Divorce | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2719 of 2017

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Arising Out of PS.Case No. -1385 Year- 2007 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH)

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====================================================== Makun Chaudhary, son of Late Bhola Choudhary, Resident of Village - Bagahi Ratanpura, Police Station - Bairiya, District - West Champaran.

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.... .... Petitioner.

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Versus

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The State of Bihar.

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Rajkumari Devi, wife of Makun Choudhary, Resident of Village - Bagahi Ratanpura, Police Station - Bairiya, District - West Champaran, presently residing as Daughter of Vikram Choudhary at Mohalla - Deeh Bharhua, Police Station - Shrinagar, District - West Champaran.

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.... .... Opposite Parties.

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====================================================== Appearance : For the Petitioner : Mr. Sanjay Kumar No.-7, Advocate. For the State : Mr. Satyendra Narayan Singh, A.P.P. For the O.P. No.2 : M/s. Ajay Nandan Sahay & Navin Kumar Jha, Advocates.

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====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER

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Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the opposite party no.2.

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4 01-08-2017

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The petitioner apprehends his arrest in connection with Complaint Case No.1385-C of 2007 registered under Section 498A of the Indian Penal Code besides Sections 3/4 of the Dowry Prohibition Act.

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Earlier, on the request of the parties, the matter was referred to the Patna High Court Mediation Centre, Patna, by a

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Patna High Court Cr.Misc. No.2719 of 2017 (4) dt.01-08-2017

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2/3

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Bench of this Court vide order dated 21.03.2017 for mediation and settlement of the dispute in between the petitioner and the opposite party no.2, who are husband and wife respectively in relation.

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From the report dated 27.07.2017 of the Mediator, Patna High Court Mediation Centre, Patna, it appears that the petitioner and the opposite party no.2 have settled their dispute amiably, in one time settlement, in terms of the agreement, attached with the report of the Mediator, Patna High Court Mediation Centre, under which the petitioner will deposit Rs.2,00,000/- in the Savings Bank Account of the daughter of the opposite party no.2 for her marriage, in four equal installments, till March, 2018 and till final payment, the petitioner will pay Rs.2000/- per month to the opposite party no.2. After final payment, all the dispute in between the petitioner and the opposite party no.2 shall be deemed to be finished.

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Learned counsel for the opposite party no.2 submits that since the petitioner and the opposite party no.2 have settled there dispute amicably, in one time settlement, in terms of the agreement attached with the report of the Mediator, Patna High Court Mediation Centre, he has no objection in allowing the prayer of the anticipatory bail of the petitioner.

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Under the aforesaid fact and circumstance, let the

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Patna High Court Cr.Misc. No.2719 of 2017 (4) dt.01-08-2017

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3/3

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petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Complaint Case No.1385-C of 2007, subject to the conditions laid down under Section 438(2) Cr.P.C.

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(Rajendra Kumar Mishra, J)

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P.S./-

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U T

Makun Chaudhary v. State Of Bihar and Anr.

Case brief

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Makun Chaudhary v. State Of Bihar and Anr.

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