Ram Babu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16311 of 2024 Arising Out of PS. Case No.-145 Year-2017 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Ram Babu Paswan son of Budha Paswan village- Debhari Ps- Pandaul DistMadhubani ... ... Petitioner/s
Versus
1. The State of Bihar
2. Pinki Devi W/o Ram Babu Paswan D/o Hari Paswan, R/o vill.- Sajhwar, P.S. Bahera, Dist.-Darbhanga.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Jha For the Opposite Party/s :
Mr. Ravindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-07-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 498(A), 379, 504 and 506 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that a jointness application has been filed, as the notice on behalf of the O.P. No.2 was received by her brother. Since jointness application has been filed, as such, the notice is deemed to have been validly served.
4. The learned counsel for the petitioner submits that petitioner being the husband has been falsely implicated in the
Patna High Court CR. MISC. No.16311 of 2024(4) dt.01-07-2024 2/3 instant case. It is also submitted that O.P. No.2 despite receiving notice, chooses not to appear and contest. It is next submitted that O.P. No.2 has performed her second marriage and this perhaps explain why she is not interested in pursuing the case.
5. Learned A.P.P. Mr. Ravindra Kumar opposes the prayer for anticipatory bail of the petitioner and submits that it is a mere submission of the learned counsel appearing on behalf of the petitioner that O.P. No.2 has performed her second marriage.
6. Be that as it may, considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No.145/2017, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. However, the O.P. No.2 shall be at liberty to file an application seeking cancellation of the anticipatory bail granted to the petitioner, in the event if she has not performed her
Patna High Court CR. MISC. No.16311 of 2024(4) dt.01-07-2024 3/3 second marriage.
(Satyavrat Verma, J) amit/- U T