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Patna High CourtCR. MISC./3159/2019bail granted

Rakesh Paswan @ Rakesh Kumar Paswan v. The State Of Bihar

2019-02-21Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3159 of 2019 Arising Out of PS. Case No.-385 Year-2018 Thana- NATHNAGAR District- Bhagalpur ====================================================== Rakesh Paswan @ Rakesh Kumar Paswan Dinesh Paswan Resident of village- Mahmadpur Kanjhiya, P.S- Madhusudanpur, Dist- Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Jha, Advocate For the Opposite Party/s :

Mr.Dilip Kumar No. 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-02-2019 Heard learned counsel for the petitioner and learned A.P.P.

The petitioner seeks anticipatory bail in connection with Nathnagar ( Madhusudanpur) P.S.Case No. 385 of 2018, registered for the offences punishable under Sections 323, 341, 498 (A), 494, 504 and 506/34 of the Indian Penal Code. Allegation as per F.I.R. against the petitioner is that the petitioner, who happens to be the husband of the complainant that the petitioner again married with another lady and assaulted the informant with lathi and danda, causing injury.

Submission of the learned counsel for the petitioner is that the learned counsel for the petitioner is that the petitioner

Patna High Court Cr.Misc. No.3159 of 2019(3) dt.21-02-2019 2/3 has falsely been implicated in this case and inspite of several request made by the petitioner, the complainant did not come to the house of the petitioner, as such petitioner re-married with another lady and allegation of throwing the daughter in a drain, was saved by the villagers is false and concocted as no injury was found on the person of daughter of the informant. Learned A.P.P. as well as learned counsel for the informant opposes the prayer for bail and stated that the petitioner had married with another lady and impugned order discloses that the complainant is not ready to live with the petitioner stating that he is very bad person.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- ( Twenty five thousand) with two sureties of the like amount each in connection with Nathnagar (Madhusudanpur) P.S.Case No. 385 of 2018 corresponding to G.R. No. 2900 of 2018 to the satisfaction of learned Additional Chief Judicial Magistrate- I, Bhagalpur, subject to the conditions laid down under Section 438 ( 2) Cr.P.C.

Patna High Court Cr.Misc. No.3159 of 2019(3) dt.21-02-2019 3/3 local having sufficient immovable property within the jurisdiction of the Court concerned.

(Vinod Kumar Sinha, J) sudha/- U T