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Patna High Court

Rambabu ChauhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to conditions under Section 438(2) CrPC and Section 482 BNSS.

Summary

The petitioner, Rambabu Chauhan, sought bail fearing arrest in a complaint case involving offences under IPC sections 323, 307, 379, 504 and 498(A), where the prosecution alleged he tortured his wife. The petitioner asserted his innocence, a clean antecedent, and willingness to live with his wife and child, while the informant indicated the victim was also prepared to stay with him. The court examined these submissions and, considering the victim's consent and the petitioner's background, allowed the bail application. Bail was granted on a bond of Rs.10,000 with two sureties, subject to surrender within four weeks, compliance with Section 438(2) of the CrPC and Section 482 of the BNSS, and the condition that the petitioner reside with his wife and child. The wife retained the right to file a grievance if any arises.

Issues considered

  • Whether bail should be granted in a case involving serious offences such as attempt to murder and cruelty to a woman, given the petitioner's clean antecedent and the victim's willingness to stay with him.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • IPC offences
  • domestic violence
  • attempt to murder
  • Section 438
  • Section 482
  • victim consent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73847 of 2025
                    Arising Out of PS. Case No.-116 Year-2024 Thana- NAWADAH COMPLAINT CASE
                                                     District- Nawada
                 ======================================================
                 Rambabu Chauhan Son of Sir Jairam Prasad Chauhan Resident of Village -
                 Sondiha, P.S.- Sarmera, District - Nalanda, at present R/o 2071/A-10 New
                 Kanchanpur Adhartal, P.S. - Adhartal, Dist. - Jabalpur(Madhya Pradesh).

                                                                              ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Smt. Sarita Kumari D/o Sonelal Chauhan and W/o Rambabu Chauhan
                 Present R/o Tetariya Beldari, P.O. - Akauna Bazar, P.S. - Muffasil, Dist. -
                 Nalanda.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :      Mr.Rabindra Kumar, Advocate
                 For the State              :      Mr.Pawan Kumar Chaurasia, APP
                 For the O.P. No. 2         :      Mr.Pramod Kumar Verma, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   10-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                    2. The petitioner apprehends his arrest in

                   connection with Complaint Case No. 116 of 2024 registered for

                   the offence under Sections 323, 307, 379, 504, 498(A) of I.P.C.

                                    3. As per the prosecution case, petitioner is alleged

                   to have tortured his wife.

                                        4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. It is next submitted that petitioner

                   is ready to stay with his wife and child. Petitioner has clean
              Patna High Court CR. MISC. No.73847 of 2025(4) dt.10-03-2026
                                                          2/2




                        antecedent.

                                         5. Learned counsel for the informant submits that

                        the victim is also ready to stay with the petitioner.

                                        6. Considering the aforesaid facts, this application

                        is allowed.

                                     7. Let the petitioner, above named, in the event of his

                        arrest or surrender before the concerned Court below within four

                        weeks from today, be released on bail on furnishing bail bond of

                        Rs. 10,000/- (Ten Thousand) with two sureties of the like

                        amount each to the satisfaction of the learned C.J.M.-1st,

                        Nawada / concerned Court below in connection with Complaint

                        Case No. 116 of 2025, subject to the conditions laid down in

                        Section 438(2) of the Code of Criminal Procedure, 1973 /

                        Section 482 of the BNSS.

                                     8. This is also subject to the condition that at the time

                        of surrender in the court below, he will stay with his wife and

                        child. If the wife has any grievance, she may file an appropriate

                        application in the court below.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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