Mahadev Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20770 of 2022 Arising Out of PS. Case No.-46 Year-2021 Thana- KOILWAR District- Bhojpur ====================================================== MAHADEV PASWAN S/o Shiv Avatar Ram @ Shiv Avatar Paswan R/o Village- Dumariya, P.s.- Koilwar, District - Bhojpur. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Renu Devi W/o Mahadeo Paswan R/o Village- Dumariya, P.s.- Koilwar, District - Bhojpur.

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 307, 328, 498(A) and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 14.03.2021, is a person with clean antecedent and it is a case under Section 498 (A) and petitioner is the husband, it is also submitted that it has been specifically pleaded at paragraph 6 of the bail application that the parties have compromised but since the compromise petition could not

Patna High Court CR. MISC. No.20770 of 2022(3) dt.06-01-2023 2/2 be made available by the petitioner at the time of filing of the bail application, as such, it could not be annexed. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees 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 Koilwar (Gidha O.P.) P.S. Case No. 46 of 2021.

Further, the learned Trial Court before accepting the bail bonds of the petitioner shall verify from the informant as to whether the compromise about which it has been pleaded in the bail application is genuine or not and in the event, if the informant disputes the compromise petition then the present order shall not be given effect.

(Satyavrat Verma, J) GauravSinha/- U T