Birendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3725 of 2025 Arising Out of PS. Case No.-695 Year-2022 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== 1.
Birendra Paswan S/O Late Kailash Paswan R/O Village- Nateshar, Police Station- Nimchak Bathani, District- Gaya 2.
Vikas Kumar @ Vikas Kumar Paswan S/O Birendra Paswan R/O VillageNateshar, Police Station- Nimchak Bathani, District- Gaya ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Dileep Kumar S/O Late Vindeshwar Paswan R/O Vill.- Harpur, P.S- Chandi, Dist- Nalanda.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shekhar Harshvardhan For the Opposite Party/s :
Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-02-2025 Heard learned counsel appearing on behalf of the petitioners and the learned APP for the State.
2. Petitioners seek pre-arrest bail in connection with Complaint Case No.695(C) of 2022 registered for the offences punishable under Sections 406, 420 and 120(B)of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.
3. As per the allegation made in the complaint petition, the petitioners allegedly demanded dowry at the time of 'Tilak' ceremony.
4. Learned counsel appearing on behalf of the petitioners submitted that before the negotiation of the marriage
Patna High Court CR. MISC. No.3725 of 2025(2) dt.12-02-2025 2/3 could take place, to pressurize the petitioners on the basis of false allegation, petitioners have been implicated in the present complaint case.
5. Learned counsel further informs that the marriage of the daughter of the informant has already been solemnized with another person. On these grounds, learned counsel submitted that no ingredients of Section 3/4 of the Dowry Prohibition Act and other Sections are made out.
6. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.
7. Having considered the rival submissions made on behalf of the parties, as well as, the the cognizance has been taken under Sections 3/4 of the Dowry Prohibition Act and Section 417 of the IPC, as such, the petitioners have prima facie made out a case to be released on pre-arrest bail, the petitioners are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 3rd, Hilsa at Nalanda/concerned court, in connection with Complaint Case No.695(C) of 2022, subject to conditions as
Patna High Court CR. MISC. No.3725 of 2025(2) dt.12-02-2025 3/3 laid down under Section 438(2) of the Cr.P.C.
8. The learned district court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) chn/- U T