Sunil Kumar Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41651 of 2016 Arising Out of PS.Case No. -216 Year- 2016 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ====================================================== Sunil Kumar Paswan son of Sudheshwar Paswan.

.... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rashid Izhar For the Opposite Party/s : Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-09-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is languishing in jail since 06.08.2016 in a case registered for the offences punishable under Section 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for non-fulfillment of the dowry demand.

It is submitted by the learned counsel for the petitioner that that the petitioner admits his marriage with the complainant and birth of a female child. The complainant herself deserted the petitioner as a result the petitioner filed Matrimonial Suit No. 86 of 2016 with a prayer for divorce and thereafter the present complaint has been filed but even today the petitioner is ready to keep the complainant as wife with full dignity and honour,

Patna High Court Cr.Misc. No.41651 of 2016 (2) dt.22-09-2016 2/2 statement to that effect has been made in para 13 of the petition which reads as follows:- "That it also worthwhile to mention here that petitioner is still ready to keep the Opposite party no.2 with full dignity."

It is further submitted that the petitioner is ready to withdraw the matrimonial suit filed with a prayer for divorce, though the statement to that effect has not been made in the petition.

Learned counsel for the complainant submits that the complainant is ready to accept the offer of the petitioner. Both sides agree to appear before the learned court below on 19th of October, 2016 when the petitioner will take the complainant to keep her as wife with full dignity and honour. Considering the aforesaid facts, let the above named petitioner be released on bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Rohtas in connection with Complaint Case No. 216 of 2016.

(Dinesh Kumar Singh, J) Amrendra/- U T