Sunil Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17963 of 2022 Arising Out of PS. Case No.-64 Year-2020 Thana- UPHARA District- Aurangabad ====================================================== Sunil Paswan S/o Haridwar Paswan R/o village- Lodipur, P.S.- Uphara, District- Aurangabad ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Leelawati Kumari, Advocate.
For the Opposite Party/s :
Mr. Jagdhar Prasad, APP..
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Uphara P.S. Case No. 64 of 2020 lodged under Sections 341, 323, 379, 498A, 504, 506, 34 of Indian Penal Code. The informant has filed the present case against her husband, father-in-law and mother-in-law as well as against Bhaisur under Section 498A of I.P.C. with other Sections. Learned counsel for the petitioner submits that it is completely false case. From the F.I.R., itself it transpires that alleged incident took place on 20.09.2019, whereas the present case has been filed on 16.09.2020. Learned counsel for the petitioner further submits that petitioner is ready to keep his wife with dignity and respect. He further submits that petitioner
Patna High Court CR. MISC. No.17963 of 2022(2) dt.13-07-2022 2/2 is in custody since 14.02.2022 and charge sheet has already been filed in this case and cognizance has also taken place. Learned counsel for the State submits that it is a case of 498A I.P.C. where husband is ready to keep his wife with dignity and in such matters, it is necessary to hear wife also. In the present facts and circumstances and the submissions made above, let the petitioner is directed to be released on provisional bail to the satisfaction of learned Trial Court.
Peitioner's bail shall be confirmed only after hearing opposite party and fulfilling the condition that he shall keep his wife with dignity. The lower court is free to take a decision in this regard about referring this matter before the mediation for settlement, but in any view of the matter, the decision on the bail of the petitioner shall be made within 6 months from the date of communication of this present order.
With this observations, the present application is disposed of.
(Dr. Anshuman, J.) guddu/- U T