Dilkeshwar Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14286 of 2017 Arising Out of PS.Case No. -503 Year- 2012 Thana -GAYA COMPLAINT CASE District- GAYA ====================================================== Dilkeshwar Paswan, son of Shri Lalan Paswan, resident of village-Pathara, P.O. Imamganj, P.S. Imamganj, District-Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sundela Devi, wife of Dilkeshwar Paswan, resident of village-Pathara, P.O. Imamgnj, P.S. Imamganj, District-Gaya, presently, wife of Ashok Paswan, resident of village-Chuaawar, P.O. Chuaawar, P.S. Imamganj, District-Gaya.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 18-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State. In spite of notice, the complainant/opposite party no.2 did not appear.

The petitioner apprehends his arrest in connection with Complaint Case No.503 of 2012/Tr. No.2579 of 2012 registered under Sections 379, 498(A) and 494 of the Indian Penal Code. The accusation is of torturing the complainant/opposite party no.2 for non-fulfillment of the dowry demand by her husband (petitioner) and other in-laws and ousting the complainant/opposite party no.2 from her matrimonial house by taking her all belongings.

Patna High Court Cr.Misc. No.14286 of 2017 (4) dt.18-07-2017 2/2 Learned counsel appearing on behalf of the petitioner submits that, in fact, the petitioner is the husband of the complainant/opposite party no.2. The complainant/opposite party no.2 is quarrelsome lady and she has filed this complaint case only to put undue pressure upon the petitioner and his family members. Further submission is that the complainant/opposite party no.2 has also performed her remarriage with one Ashok Paswan of villageChuaawar, P.O. Chuaawar, P.S. Imamganj, District-Gaya, and the Sarpanch of that village has also issued a Certificate in this regard, which is Annexure-'2' to this application.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Sherghati, District-Gaya, in connection with Complaint Case No.503 of 2012/Tr. No.2579 of 2012, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T