Lal Babu Paswan v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6316 of 2019 Arising Out of PS. Case No.-1319 Year-2017 Thana- COMPLAINT CASE District- Sheohar * ====================================================== Lal Babu Paswan, son of Late Harilal Paswan, Resident of Village - Jihuli, P.S.-Patahi, District-East Champaran.
... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Anup Paswan, Son of Late Janakdhari Paswan Resident of Village - Maulaganj, PS- Tariyani, District-Shivhar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma, Advocate For the Opposite Party/s :
Mr.Uday Pratap Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 14-03-2019 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the complainantopposite party no.2. In this case, the petitioner is seeking anticipatory bail in connection with Trial No.2109/2018 arising out of Complaint Case No.1319 of 2017, registered for the offence punishable under Sections 366/34 of the Indian Penal Code. In the complaint petition, it has been stated that complainant has solemnized the marriage of his daughter Punita Devi with the present petitioner Lalbabu Paswan seven years ago as per Hindu rites and rituals and serious allegation has
Patna High Court CR. MISC. No.6316 of 2019(3) dt.14-03-2019 2/3 been made that daughter of the complainant was lifted either for immoral acts or for her murder and further alleged that the accused persons were demanding the extortion money of Rs.5 lacs, however, learned counsel for the petitioner submits that the victim Punita Devi had earlier filed a case vide Patahi P.S. Case No.39/2014 under Sections 498 A of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act against the petitioner and his family members and after due trial, the petitioner has been acquitted on the basis of compromise and, thereafter, the present case has been lodged. He further submits that the complainant has remarried his daughter Punita with another person.
Looking to the entire facts and circumstances of the case, let the petitioner, above-named, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-13, Motihari, East Champaran in connection with Trial No.2109/2018 arising out of Complaint Case No.1319 of 2017 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
Patna High Court CR. MISC. No.6316 of 2019(3) dt.14-03-2019 3/3 However, learned court below is directed to expedite the trial and conclude the same within a period of nine months. The petitioner is also directed to cooperate in the trial. In failure, the opposite party no.2 will be at liberty to move before the court below for cancellation of the bail bonds of the petitioner.
(Shivaji Pandey, J) V.K.Pandey/- U T