Allowed

Rajesh Choudhary v. The State of Bihar

Patna HC2 Jan 2024CR. MISC./18051/2023

Case brief

AI extract

What is this about?

Husband sought anticipatory bail in a dowry-torture case alleging false implication and omnibus allegations. Court granted anticipatory bail subject to Section 438(2) CrPC conditions and left parties free to seek mediation for reconciliation.

What did the court decide?

Anticipatory bail on furnishing bail-bond of Rs. 20,000/- with two sureties of like amount, on arrest/surrender within six weeks, subject to Section 438(2) CrPC conditions.

Rajesh Choudhary Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18051 of 2023

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Arising Out of PS. Case No.-70 Year-2014 Thana- MAHILA P.S. District- Sheikhpura

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

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Rajesh Choudhary Son of Sri Mishri Choudhary R/V- Kurda, Post- Pahrita Khorampur, P.S- Sheikhpura Dist- Sheikhpura (Bihar) Pin- 8111105

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... ... Petitioner/s

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Versus

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The State of Bihar.

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Pujha Devi Wife of Rajesh Choudhary Kundapar, P.S and Dist- Sheikhpura at present residing Mohalla- Narayanpur PS- Barbigha Sheikhpura

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Satish Kumar, Advocate For the Opposite Party/s : Ms. Sharda Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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4 02-01-2024

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Learned counsel for the petitioner is permitted to

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remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

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2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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3. The petitioner is apprehending his arrest in connection with Sheikhpura (Mahila) P.S. Case No. 70 of 2014 dated 05.12.2014 registered for the offence punishable under Sections 498A, 494, 406, 354 read with 34 of the Indian Penal Code and Sections 3 & 4 of the D.P. Act.

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4. As per the prosecution case, the petitioner and

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Patna High Court CR. MISC. No.18051 of 2023(4) dt.02-01-2024 2/3

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the co-accused persons are alleged to have tortured the informant mentally and physically due to non-fulfillment of demand of Rs. 40,000/- as dowry.

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5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner who is husband of the informant. It is further submitted that the petitioner neither demanded any dowry nor tortured the informant. The petitioner has relied upon the judgment of this Court in the case of "Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182." Learned counsel has further submitted that Section 498A of the IPC is triable by the Magistrate. Learned counsel has further relied on the judgments in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and Another (2022) 10 SCR 351 and Md. Asfak Alam Vs. The State of Jharkhand & Anr passed in Criminal Appeal No(s). 2207 of 2023 arising out of Special Leave Petition (CRL.) No. 3433 of 2023 . The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

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Patna High Court CR. MISC. No.18051 of 2023(4) dt.02-01-2024 3/3

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6. Learned A.P.P. for the State has vehemently

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opposed the prayer for anticipatory bail of the petitioner.

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7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Sheikhpura in connection with Sheikhpura (Mahila) P.S. Case No. 70 of 2014, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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8. If so advised, either of the parties will be at

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liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

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9. The application stands allowed.

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(Chandra Prakash Singh, J)

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Nilmani/- U T

Rajesh Choudhary v. The State of Bihar

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Rajesh Choudhary v. The State of Bihar

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