Madhu Patel vs The State Of Bihar
2021 Latest Caselaw 1510 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.33866 of 2020
  Arising Out of PS. Case No.-135 Year-2018 Thana- RAXAUL District- East Champaran
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Madhu Patel, aged about 28 years, Male, Son of Ashok Patel, Resident of Village - Sahdeva, P.S. - Raxaul, District - East Champaran.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prateek Tandon, Advocate For the State : Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-03-2021

The matter has been heard via video conferencing.

2. Heard Mr. Prateek Tandon, learned counsel for the

petitioner and Mr. Humayou Ahmad Khan, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

3. The petitioner apprehends arrest in connection with

Raxaul PS Case No. 135 of 2018 dated 16.06.2018, instituted

under Sections 341/323/498A/34 of the Indian Penal Code and

3/4 of the Dowry Prohibition Act, 1961.

4. The petitioner is the husband of the informant and

there is allegation of torture and demand of dowry and also of

ousting the informant from the matrimonial home along with

her son.

Patna High Court CR. MISC. No.33866 of 2020 dt.17-03-2021

5. Learned counsel for the petitioner submitted that

after filing of the application, the informant has returned to the

matrimonial home and they are living together without any

complain.

6. Learned APP submitted that since the informant has

returned to the matrimonial home, there is no more any

apprehension of arrest and, thus, the petitioner may appear

before the Court below and seek bail.

7. Learned counsel for the informant submitted that

the petitioner should appear before the Court below along with

the informant and pray for bail on the ground of there being

compromise.

8. Having considered the aforesaid, the application

stands disposed off in the following terms.

9. The petitioner shall appear before the concerned

Court below, along with the informant, within three weeks from

today, along with a copy of this order, the Court shall record the

statement of the informant. The petitioner shall also undertake

that the informant and their minor son would be kept in the

matrimonial home with full dignity, honour and security and all

their needs shall be taken care of and further that the informant

shall be free to talk to, meet and visit any person she desires Patna High Court CR. MISC. No.33866 of 2020 dt.17-03-2021

without any let or hindrance, either by the petitioner or his

family members.

10. If the petitioner gives such undertaking before the

Court below and the informant states that she has voluntarily

compromised the matter, the petitioner shall be released on bail

upon furnishing bail bonds of Rs. 25,000/- (twenty five

thousand) with two sureties of the like amount each to the

satisfaction of the learned Chief Judicial Magistrate, Motihari,

East Champaran in Raxaul PS Case No. 135 of 2018, subject to

the conditions laid down in Section 438(2) of the Code of

Criminal Procedure, 1973.

11. However, any violation of the terms and condition

of the undertaking by the petitioner shall lead to cancellation of

his bail bonds upon application being filed by the informant

bringing to the notice of the Court such violation, after giving

opportunity of hearing to the petitioner.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T