Shiv Kumar Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46991 of 2018 Arising Out of PS. Case No.-265 Year-2013 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Shiv Kumar Paswan son of Bihari Paswan resident of Vill - Pahadi, P.S. - Kargahar, Dist - Rohtas.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Lalan Paswan son of Late Raja Ram Paswan resident of Vill - Bisunpur, P.O. Nokha, Dist - Rohtas.

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

For the Petitioner/s :

Mr. Ashok Kumar Pandey For the Opposite Party/s :

Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 498A and 406 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act in which cognizance has been taken under section 498A IPC and Section 4 of the D.P. Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 6.6.2018 and has got no

Patna High Court Cr.Misc. No.46991 of 2018(2) dt.01-08-2018 2/2 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sasaram, Rohtas in connection with Complaint Case No. 265 of 2013.

(Sudhir Singh, J) Pankaj/- U T