Prem Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6024 of 2020 Arising Out of PS. Case No.-2277 Year-2018 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== PREM KUMAR PASWAN S/o Bhola Paswan R/o- Chhota Raghunathpur, P.S.- Amdabad, Distt.- Katihar ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Chandani Kumari D/o Mangan Paswan R/o Chandan Nagar, Sonaili, PostSonaili, P.S.- Kadwa, Distt.- Katihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Singh For the Opposite Party/s :
Mrs.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 323, 498A of the Indian Penal Code.
As per the prosecution case, this petitioner along with other accused persons is alleged to have tortured the complainant due to non fulfillment of demand of dowry. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is further submitted that from bare perusal of the complaint petition itself it would appear that the same has been filed on the basis of false and concocted story only to harass the
Patna High Court CR. MISC. No.6024 of 2020(7) dt.17-04-2023 2/2 petitioner mentally and economically. Neither the Complainant is wife of petitioner nor petitioner is her husband. It is next submitted that prior to lodging of this complaint petition the petitioner has filed a Sanha petition No. 2353/17 on 08.08.2017 that complainant has took his signature forcibly on a plain paper. From the Adhar card and voter identity card it would appear that complainant is wife of one Natwar Paswan. Learned counsel appearing for the State opposes the prayer for anticipatory bail and submitted that complainant is legally wedded wife of this petitioner and petitioner is neither ready to keep her with full honour and dignity nor he is ready to pay maintenance amount to her.
Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on pre arrest bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T