Rajesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15229 of 2024 Arising Out of PS. Case No.-170 Year-2018 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== Rajesh Paswan, male, aged about 31 years, S/o Ram Aashish Paswan R/o vill - Navgaon, P.s. - Keoti, Distt. - Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Radha Devi W/o Rajesh Paswan, D/o Baidhnath Paswan R/o vill - Hichhaul, P.S. - Ashok Paper Mill, District - Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Girish Chandra Jha, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-03-2024 Heard learned counsel appearing on behalf of the parties.

2. The petitioner seeks bail in connection with C.R. No.170 of 2018 registered for the offence under Section 498(A) of the Indian Penal Code.

3. As per the prosecution case, it is a case of dowry demand and torture to the complainant by the petitioner and his family members.

4.

Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case. He next submits that there is general and omnibus allegation against the petitioner and petitioner is the husband of the complainant and he is ready to keep the complainant with full honour and dignity as stated in para-7 of the petition but the complainant is not ready to live with the petitioner as stated in

Patna High Court CR. MISC. No.15229 of 2024(2) dt.18-03-2024 2/3 para-8 of the petition and he is in custody since 14.12.2023. It is next submitted that petitioner is ready to pay the maintenance amount of Rs.2,500/- per month to the complainant. 5.

Learned APP appearing for the State as well as learned counsel for the complainant, opposes the prayer for bail of the petitioner.

6.

Considering the facts and circumstances of the case, let the petitioner, above named, be directed to be released on bail in connection with C.R. No.170 of 2018 corresponding to T.R. No.1240 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Darbhanga subject to the condition that the petitioner shall pay maintenance amount of Rs.2,500/- per month in favour the complainant, namely, Radha Devi, which shall be paid by first week of every month and the petitioner is further directed to pay an amount of Rs.2,500/- as first maintenance to the complainant before furnishing bail bonds of the petitioner then the trial Court shall accept the bail bonds of the petitioner. 7.

Learned counsel for the complainant is directed to provide an account number of the complainant, in which, the petitioner shall pay the maintenance amount to the

Patna High Court CR. MISC. No.15229 of 2024(2) dt.18-03-2024 3/3 complainant, immediately.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T