Mamta Paswan @ Sanjay Paswan And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24743 of 2015 Arising Out of PS.Case No. -367 Year- 2013 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ======================================================

1. Mamta Paswan @ Sanjay Paswan S/o Dayanand Paswan

2. Baby Devi W/o Sanjay Paswan Both residents of Village - Samatipur, P.O. - Mazauli, P.S. - Bakhtiyarpur, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Yugal Paswan S/o Suresh Paswan R/o Vill. - Brah Asthan P.O. Bhokila Par, P.S. Hilsa, Dist Nalanda.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Sinha For the Opposite Party/s : Mr. Anil Kumar Singh-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-07-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 504 and 379 of the Indian Penal Code.

It is alleged that on 22.02.2013 the petitioners took `2,10,000/- for marriage of their daughter, construction of house and for treatment and when the complainant demanded his money back it was assured that the same will be returned on 11.05.2013 when on pistol point `5,000/- was snatched and complainant was assaulted.

It is submitted by learned counsel for the petitioners that

Patna High Court Cr.Misc. No.24743 of 2015 (2) dt.08-07-2015 2/2 the petitioner no.1 Mamta Paswan filed Complaint Case No. 273C of 2013 against the present complainant on 27.03.2013 then the present complaint was filed on 14.05.2013. It is further submitted that the petitioners' daughter was aged about nine year as they got married in the year 2002 itself. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Hilsa, Nalanda in connection with Complaint Case No. 367C of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T