Patna High Court
Rambabu ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
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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