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Patna High CourtCR. MISC./3970/2024allowed

Pramod Paswan @ Pramod Kumar v. The State Of Bihar

2024-02-01Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3970 of 2024 Arising Out of PS. Case No.-238 Year-2023 Thana- GURUA District- Gaya ====================================================== PRAMOD PASWAN @ PRAMOD KUMAR SON OF LATE YOGENDRA PASWAN RESIDENT OF VILLAGE - JAI BIGHA, P.S. - GURUA, DISTRICT - GAYA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar, Adv.

For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A, 322, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. Petitioner, who is husband of opposite party no2., is said to have tortured upon her physically and mentally and tried to kill her in association of his family members over the dowry demand.

4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor tormented her over the demand of dowry. All the allegation levelled against the petitioner is totally false and based on

Patna High Court CR. MISC. No.3970 of 2024(2) dt.01-02-2024 2/2 concocted facts. There is no allegation against the petitioner to tamper the evidence. 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. Petitioner has no criminal antecedent.

5. In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Gurua P.S. Case No. 238 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

6. If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or for one time settlement.

(Anjani Kumar Sharan, J) divyanshi/- U T