Chandan Kumar @ Chandan Paswan @ Chandan Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11636 of 2025 Arising Out of PS. Case No.-12 Year-2024 Thana- MAHILA P.S. District- Madhubani ====================================================== Chandan Kumar @ Chandan Paswan @ Chandan Kumar Paswan S/oShobhit Paswan R/o - Chichari, P.S - Raj Nagar, District - Madhubani ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Kamini KUmari @ Kamani Kumari D/o- Ram Sevak Saday VillageNarayanpatti Ps- Raj Nagar Dist- Madhubani ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Jha, Adv For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 19-06-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.
2. The petitioner seeks regular bail in a case registered for the offences punishable under Sections 341, 323, 420, 376, 504 and 34 of the I.P.C. and under Section 4 of the Dowry Prohibition Act.
3. As per the prosecution case, on 01.03.2024 the petitioner took the informant to Delhi on the pretext of marriage and established physical relation with her. It is further alleged that when the informant asked the petitioner for marriage then all the accused persons including the petitioner demanded Rs. 70,000/- and one motorcycle from her and also abused her
Patna High Court CR. MISC. No.11636 of 2025(4) dt.19-06-2025 2/3 family members.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the victim had gone with the petitioner out of her own sweet will. It is further submitted that the statement of the victim girl was recorded under Section 183 of B.N.S.S., wherein she has stated that she had come back to her house along with the sister of the petitioner and has not alleged any overt act or any sexual assault committed by the petitioner. It is lastly submitted that the petitioner has clean antecedent and is in custody since 16.12.2024.
5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the parties and taking into account the statement of the victim and also considering the period of custody, let the petitioner abovenamed, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Mahila P.S. Case No. 12 of 2024, subject to the following conditions:- (i) One of the bailors will be close relative of the petitioner.
Patna High Court CR. MISC. No.11636 of 2025(4) dt.19-06-2025 3/3 (ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
7. The application stands allowed.
(Sourendra Pandey, J) Jyoti/- U T