Patna High CourtCR. MISC./2916/2019disposed

Rama Shankar Paswan v. The State Of Bihar And ANR

2019-09-20Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2916 of 2019 Arising Out of PS. Case No.-305 Year-2018 Thana- CHIRAIYA District- East Champaran ====================================================== Rama Shankar Paswan, aged about 28 years, male, son of Kamal Paswan resident of Village - Parewa,, Police Station- Shikarganj, District- East Champaran.

... ... Petitioner

Versus

The State of Bihar 2.

Priyanka Devi Rama Shankar Paswan Village - Parsa ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Dhurendra Kumar, Advocate.

For the State :

Mr. Ajay Kumar Jha, APP For the O.P. No. 2 : None ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 498A, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act registered in connection with Chiraiya (Shikarganj) P.S. Case No. 305 of 2018, G.R. Case No. 1074 of 2018.

3. It is submitted that the petitioner has been falsely implicated and in any event he expresses his readiness to keep the opposite party no. 2 with due dignity and honour. He has filed Matrimonial Case No. 240 of 2018 for restitution of conjugal rights. It is further stated that the opposite party no. 2 had

Patna High Court CR. MISC. No.2916 of 2019(9) dt.20-09-2019 2/3 earlier filed Chiraiya (Shikarganj) P.S. Case No. 305 of 2017 with similar allegations. By order dated 18.06.2019, the matter was referred to the Patna High Court Mediation Centre, Patna for mediation and settlement of the dispute. However, in the mediator's report dated 09.09.2019 the petitioner was present on two dates but the opposite party no. 2 did not appear and as such the mediation failed. Except the aforesaid Chiraiya (shikarganj) P.S. Case No. 305 of 2017, the petitioner claims clean antecedents.

4. None appears on behalf of the opposite party no. 2 when the matter is called.

5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran, Motihari in connection with Chiraiya (Shikarganj) P.S. Case No. 305 of 2018, G.R. Case No. 1074 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

Patna High Court CR. MISC. No.2916 of 2019(9) dt.20-09-2019 3/3 (ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T