Birendera Paswan @ Viredra Paswan @ Virend Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23213 of 2021 Arising Out of PS. Case No.-13 Year-2020 Thana- MAHILA P.S. District- Samastipur ====================================================== BIRENDERA PASWAN @ VIREDRA PASWAN @ VIREND PASWAN S/O RAGHUNATH PASWAN R/O VILLAGE-MANIYAR MATH, P.S.- MOHIUDDIN NAGAR, DISTRICT-SAMASTIPUR.
... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
PUNCHUN DEVI W/O BIRENDERA PASWAN @ VIREDRA PASWAN D/O LATE GAYADHAR PASWAN R/O NORTH DHAMAUN, P.SPATORY, DISTRICT-SAMASTIPUR. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lakshmindra Kumar Yadav For the Opposite Party/s :
Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-03-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard the learned counsel for the petitioner and learned APP for the State.
The petitioner apprehends his arrest for the offences alleged under Sections 498, 494, 341, 323 and 379/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act, registered in connection with Mahila P.S.Case No.13 of 2020.
It is a case of matrimonial dispute. Punchun Devi, the
Patna High Court CR. MISC. No.23213 of 2021(4) dt.02-03-2022 2/3 alleged victim, has lodged this case against the petitioner and inlaws, stating therein that her marriage was solemnized with the petitioner four yours ago. The accused persons subjected her to cruelty for non-fulfilment of demand of a motor-cycle. Lastly, she was ousted from her matrimonial house and her husband has solemnized his second marriage.
The learned counsel for the petitioner has submitted that the informant is a lady of questionable character and the petitioner has already lodged a suit for divorce being Divorce Case No. 136 of 2019 against her. He has also submitted that on 26.06.2019, the informant was caught in a compromising position with one Deepak Pandit and in this respect Mohiuddin Nagar P.S.Case No. 111 of 2019 was lodged by the petitioner. Considering the above facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Shree Sangam Kumar, Judicial Magistrate-1st Class, Samastipur in connection with Mahila P.S.Case No.13 of 2020, subject to the conditions as laid down under Section 438(2) Cr. P.C.
Patna High Court CR. MISC. No.23213 of 2021(4) dt.02-03-2022 3/3 Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) HR/- U T