Sujit Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.110 of 2020 Arising Out of PS. Case No.-351 Year-2019 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== SUJIT KUMAR PASWAN S/o Manoj Paswan @ Manoj Kumar Paswan Village- Nawhath, P.S.- Pandaul, District- Madhubani ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Asha Devi @ Asha Kumari W/o Sujit Kumar Paswan. D/o Moti Paswan R/o village- Malhanma Tole, Bhatsimar, P.S.- Rajnagar, District- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-06-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

None appeared on behalf of the complainant.

The petitioner apprehends his arrest for the offences alleged under Sections 498A of the Indian Penal Code, registered in connection with Complainant Case No. 351 of 2019.

The complainant made allegation against the petitioner that her marriage was solemnized with the petitioner in the year 2016 and she was tortured for non-fulfilment of dowry demand of Rs. 2,50,000/- and a motor-cycle. It has also been alleged that the petitioner has solemnized his second

Patna High Court CR. MISC. No.110 of 2020(5) dt.21-06-2022 2/3 marriage and thereafter he ousted the complainant for nonfulfilment of dowry demand. The learned counsel for the petitioner has submitted that the entire allegations are false. The real fact is that the complainant has solemnized three marriages. Her first husband is Prem Paswan, son of Ram Lakhan Paswan, village Barhadda, P.S.Rajnagar, District Madhubani. Her second marriage was solemnized with one Ram Kumar, son of Laxmi Paswan, P.S. Rajnagar, and the third marriage was solemnized with one Raman Paswan. This fact was mentioned in the impugned order in the submission of the learned counsel for the petitioner, but the learned court below directed the petitioner to surrender and pray for regular bail, as no evidence was filed by the petitioner.

The impugned order shows that the submission of the learned counsel regarding three marriages of the complainant has not been controverted or opposed. Considering the above facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, 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 learned S.D.J.M.

Patna High Court CR. MISC. No.110 of 2020(5) dt.21-06-2022 3/3 with Complaint Case No. 351 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Nawneet Kumar Pandey, J) HR/- U T