Dharmedra Paswan @ Dharmendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17317 of 2025 Arising Out of PS. Case No.-888 Year-2022 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Dharmedra Paswan @ Dharmendra Kumar S/o- Vinod Paswan Village- Bada Bariyarpur Ps- Chhatauni Dist- East Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Kumari Chanda W/o- Dharmendra Paswan, D/o- Vinod Hazara A/PBanjariya Babu Tola Ps- Banjariya Dist- East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhannjay Kumar II, Advocate For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-06-2025 Heard Mr. Dhananjay Kumar-II, learned counsel for the petitioner and Mr. Anil Kumar Singh No. 1, learned Additional Public Prosecutor for the State as well as learned counsel for the informant.
2. The petitioner is apprehending his arrest in connection with Complaint Case No. 888 of 2022 for the offences punishable under Sections 498(A), 323 and 34 of the Indian Penal Code.
3. According to prosecution case, the complainant was married with the petitioner and after some time, the accused persons assaulted the informant and demanded Rs. 1,00,000/-.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.17317 of 2025(4) dt.30-06-2025 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. He further submits that in fact, the petitioner is ready to keep the complainant as his wife but she wants to live with her parents and she is not ready to live with the petitioner. He further submits, it appears from the impugned order itself that even the complainant's father has informed the learned Court below that she is not ready to live with the petitioner.
5. The learned Additional Public Prosecutor as well as learned counsel for the complainant has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, the petitioner has clean antecedent and the complainant is not ready to live with the petitioner, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the 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 the learned Chief Judicial Magistrate, Motihari East, Champaran in connection with Complaint Case No. 888 of 2022, subject to
Patna High Court CR. MISC. No.17317 of 2025(4) dt.30-06-2025 3/3 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the B.N.S.S., 2023 and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the 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.
(Rajesh Kumar Verma, J) Jyoti Kumari/- U T