Laxman Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5522 of 2025 Arising Out of PS. Case No.-716 Year-2024 Thana- COMPLAINT CASE District- Banka ====================================================== Laxman Paswan S/O Ranjit Paswan R/O Village- Saguni, PS- Shambhuganj, District- Banka ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priyanka Devi W/O Laxman Paswan R/O Village- Saguni, PSShambhuganj, District- Banka. At Present, R/O Village- Kharhara, PSBarahat, District- Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bibhakar Tiwary, Advocate For the State :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 15-02-2025 Heard Ld. counsel for the petitioner and Ld. APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Banka Complaint Case No. 716 of 2024, registered for the offences punishable under Sections 323 and 498A of the Indian Penal Code.

3. As per allegation, there was demand of additional dowry and on account of non-fulfillment of the same, the complainant/wife has been subjected to torture.

4. Ld. counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the present case has been filed on

Patna High Court CR. MISC. No.5522 of 2025(2) dt.15-02-2025 2/3 account of wear and tear of married life. He further submits that maximum punishment prescribed for the alleged offence is three years.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.

7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. J.M.-II, Banka, in connection with Banka Complaint Case No. 716 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:

(i) In case, it is brought to the notice of the court

Patna High Court CR. MISC. No.5522 of 2025(2) dt.15-02-2025 3/3 below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same. (ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T