Sachida Nand Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2223 of 2020 Arising Out of PS. Case No.-579 Year-2016 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== 1.
SACHIDA NAND PASWAN, Son of Late Mahavir Paswan 2.
Anjali Devi, Wife of Late Upendra Paswan 3.
Bipin Kumar @ Bipin Paswan, Son of Upendra Paswan, All are Resident of Village - Surihari, P.S. - Amarpur, District - Banka. ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Rita Devi, Wife of Sachidanand Paswan, Resident of Village - Khaijarpur, Katahalbari, P.S. - Barari, District - Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-02-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 323, 498A, 504 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
This is a case under Section 498(A) of the Indian Penal Code. Petitioner No. 1 Sachida Nand Paswan is husband of opposite party no. 2. Parties have already appeared. Parties are ready for restitution of matrimonial life. Hence, let petitioner no. 1 Sachida Nand Paswan in the event of his arrest or surrender before the learned Court
Patna High Court CR. MISC. No.2223 of 2020(7) dt.23-02-2021 2/3 below within a period of thirty days from the date of receipt of the order, be released on provisional anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Complaint Case No. 579 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Petitioner No. 2 Anjali Devi and Petitioner No. 3 Bipin Kumar @ Bipin Paswan, in the event of their arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Complaint Case No. 579 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the
Patna High Court CR. MISC. No.2223 of 2020(7) dt.23-02-2021 3/3 petitioners.
(b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.
(c) The petitioners shall not leave the country without permission of the learned trial court. (d) The learned court below shall endeavour to ensure restoration of matrimonial life. If the petitioner no. 1 would not be cooperative in the proceeding which would be a ground for cancellation of bail bond of the petitioner no. 1 by the learned court below itself.
(Birendra Kumar, J) Kundan/- U T