Allowed

Vijay Chaudhary @ Maruti Chaudhary v. The State of Bihar

Patna HC4 Sept 2023CR. MISC./6454/2023

Case brief

AI extract

What is this about?

Granted anticipatory bail in a dowry-related offence case to the petitioner, apprehending arrest in a complaint lodged for harassment under the Dowry Prohibition Act and IPC, subject to bond and conditions.

What did the court decide?

Enlargement of the petitioner on bail on furnishing bonds of Rs 10,000 with two sureties of the like amount each, subject to conditions of Section 438(2) CrPC.

Vijay Chaudhary @ Maruti Chaudhary Vs The State of Bihar — Dowry and Cruelty | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No 6454 of 2023

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Arising Out of PS. Case No.-646 Year-2020 Thana- NAWADAH COMPLAINT CASE District- Nawada

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======================================================

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VIJAY CHAUDHARY @ MARUTI CHAUDHARY S/o Girani Chaudhary R/o Village/Mohalla- Pithauri, P.S.- Akbarpur, Distt- Nawada.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Chnchala Kumari W/o Vijay Chadhary @ Maruti Chaudhary R/o VillagePokhar Basti, Ward no. 15, P.S.- Forbesganj, Distt- Araria.

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... ... Opposite Party/s

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====================================================== For the Petitioner/s : Mr Krishna Deo Raj, Advocate For the Opposite Party/s : Mr Ramesh Chandra, APP ======================================================

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CORAM: HONOURABLE MR JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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5 04-09-2023 Heard learned counsel for the petitioner and the

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learned APP.

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2 Despite valid service of notice, no body appears on behalf of Opposite Party No 2.

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3 The petitioner apprehends arrest in Complaint Case No 646 of 2020 registered for the offence punishable under Sections 147, 148, 149, 323, 341, 379, 504 of Indian Penal Code and Sections ¾ of Dowry Prohibition Act but cognizance has been taken only under Sections 323, 498A of Indian Penal Code and Section ¾ of Dowry Prohibition Act.

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4 As per the prosecution case, all the named accused persons including this petitioner tortured and harassed the complainant due to non-fulfillment of demand of dowry.

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5 Learned counsel for the petitioner submits that the petitioner happens to be husband of the complainant and present

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Patna High Court CR. MISC. No.6454 of 2023(5) dt.04-09-2023 2/2

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case has been lodged due to petty family dispute. There is general and omnibus allegation of commission of assault against him. It is further submitted that petitioner is ready to keep the complainant, as his wife, with full honour and dignity. It is next submitted that the case is triable by the Magistrate. In this connection, petitioner has relied upon a judgment of this Court in the case of Md Najmul Haque Ansari @ Naimul Haque Ansari & Others -Versus- The State of Bihar , since reported in 2006 (3) PLJR 182 .

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6 Learned APP has vehemently opposed the prayer for anticipatory bail.

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7 Considering the rival submissions, in the event of arrest/surrender within a period of six weeks from today, the petitioner above named be enlarged on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Nawada in Complaint Case No 646 of 2020 subject to the conditions as laid down in Section 438 (2) of the Code of Criminal Procedure.

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(Prabhat Kumar Singh, J)

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M.E.H. /-

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U T

Vijay Chaudhary @ Maruti Chaudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vijay Chaudhary @ Maruti Chaudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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