Rakesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16372 of 2023 Arising Out of PS. Case No.-351 Year-2019 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== RAKESH PASWAN S/O DHARMDEO PASWAN VILLAGE- MAMADEO, P.S- MOHANIA, DISTT.- BHABHUA AT KAIMUR.

... ... Petitioner/s

Versus

1.

The State of Bihar A.G. Patna 2.

Sandhya Devi W/O Rakesh Paswan, D/O- Satya Narayan Prasad R/OVillage- Mamadeo, P.S- Mohania, Distt.- Kaimur At Bhabua At Present Of Village- Niyamtabad(Maraeepur), P.O- Niyamtabad, P.S- Alinagar, Distt.- Chandauli (U.P.) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinod Kumar Seth For the Opposite Party/s :

Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 498(A) of the Indian Penal Code.

The prosecution case, in brief, is that earlier the marriage of the complainant was solemnized with the petitioner and the petitioner along with co-accused used to torture the informant mentally and physically due to nonfulfillment of dowry demand. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.16372 of 2023(2) dt.28-04-2023 2/3 petitioner is innocent and has committed no offence. The petitioner is husband of the complainant due to which he has falsely been implicated in the present case. It is further submitted that the petitioner has never demanded dowry from the complainant and still ready to keep his wife/complainant with full dignity and honour. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 19.12.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Complainant Case No. 351 of 2019 / 1296 of 2022 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, Kaimur at Bhabhua.

learned trial court is directed to make effort for

Patna High Court CR. MISC. No.16372 of 2023(2) dt.28-04-2023 3/3 settling the dispute arouse between the complainant and the petitioner.

(Sunil Kumar Panwar, J) Amandeep/- U T