Amarjeet Paswan @ Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8333 of 2020 Arising Out of PS. Case No.-317 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== AMARJEET PASWAN @ AMARJEET KUMAR Son of Rudal Paswan Resident of Village - Verma, Post - Salempur, P.S.- Karay Parsusaray, District - Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sona Devi @ Sona Kumari Wife of Amarjeet Paswan @ Amarjeet Kumar Resident of Village - Verma, Post - Salempur, P.S.- Karay Parsusaray, District - Nalanda. At present daughter of Arjun Paswan, Resident of Village - Lavaich, Post - Hajrat Sai, P.S.- Dhanrua, District - Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-10-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner submits that the present application was filed on 05-02-2020. By order dated 2902-2020, notices were issued upon O.P. No. 2 and requisites were filed but as per office note dated 15-06-2020, notice has not validly been served upon O.P. No. 2 due to prolonged pandemic. Hence, counsel for the petitioner submits that let the present application be disposed of on merit since it has been pending for a long time.

The petitioner is apprehending his arrest in Complaint

Patna High Court CR. MISC. No.8333 of 2020(3) dt.22-10-2021 2/3 Case No. 317(C) of 2019 registered under Sections 323, 504 and 498A of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner is husband of the victim. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Masaurhi, Patna in

Patna High Court CR. MISC. No.8333 of 2020(3) dt.22-10-2021 3/3 connection with Complaint Case No. 317(C) of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Sudhir Singh, J) A.K.V.//- U T