Kamlesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27120 of 2021 Arising Out of PS. Case No.-575 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== Kamlesh Paswan Son of Binda Paswan Resident of Village - Purushottam Pur, P.S. - Majhaulia, District - West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Geeta Devi Wife of Kamlesh Paswan Daughter of Sree Paswan, Resident of Purushottam Pur, P.S. - Majhaulia at Present, Resident of Village - Godda Semara Post - Kathaiya, P.S. - Majhaulia, District - West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiv Kumar Dwivedy For the Opposite Party/s :

Mr.Prem Kumar Jha Mr. Umesh Kumar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-04-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A, 341, 323, 504, 506/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Petitioner, who is husband of opposite party no2., is said to have tortured the opposite party no.2 in association of his family members on non-fulfillment of dowry demand. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. There is general and omnibus allegation levelled against the petitioner. He is still ready to keep her with full honour and dignity. Petitioner has

Patna High Court CR. MISC. No.27120 of 2021(3) dt.04-04-2022 2/3 no criminal antecedent.

Learned counsel for the informant submits that the informant is ready to accept the offer of the petitioner and also she is ready to live with him.

As such, both sides agree to appear before the learned court below on 18.04.2022 when the petitioner will take the informant to keep her with full dignity and honour. In that view of the matter, let the above named petitioner, be released on provisional bail for a period of six months, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Majhaulia P.S. Case No.575/2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

The bail bond of the petitioner shall be confirmed by the learned court below after six months on fulfilling one of the conditions:

(i) If the matrimonial harmony is substantially restored.

Patna High Court CR. MISC. No.27120 of 2021(3) dt.04-04-2022 3/3 (ii) If the opposite party no. 2 fails to appear before the learned court below.

(iii) If the opposite party no. 2/complainant gets reluctant to reconcile the issue.

devendra/- (Anjani Kumar Sharan, J) U T