Ajay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23889 of 2024 Arising Out of PS. Case No.-2096 Year-2019 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Ajay Paswan SON OF Late Ravindra Paswan @ Pandey Paswan VILLAGEGURUA PS- GURUA DISTRICT- GAYA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sangeeta Devi WIFE OF AJAY PASWAN VILLAGE -PACHHATTI PSBODH GAYA DISTRICT -GAYA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar, Adv.

For the State :

Mr.Syed Mojibur Rahman, APP For the O.P. No.2 :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner and learned APP for the State. However, nobody appears on behalf of the O.P. No.2.

2.

Petitioner apprehends his arrest in a case registered for the offences punishable u/s 498A, 323 of the IPC. 3.

Petitioner, who is husband of complainant, is said to have tortured the complainant over dowry demand and ousted her along with two daughters from the house.

4.

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

Patna High Court CR. MISC. No.23889 of 2024(3) dt.18-09-2024 2/3 the demand of dowry. 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.

5.

In that view of the matter, let the above named petitioner, be released on bail, 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 Complaint Case No.2096 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

6.

Petitioner is ready to pay Rs.3000.00 (Rupees Three Thousand) per month to the complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, complainant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

7.

However, the petitioner is directed to deposit the aforesaid amount every month in the Nazarat of the learned Court below which will be released in favour of the complainant

Patna High Court CR. MISC. No.23889 of 2024(3) dt.18-09-2024 3/3 after she furnishes her bank account details. 8.

It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

9.

If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

10.

With the aforesaid observation and direction, this application stands disposed of.

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