Santosh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21828 of 2019 Arising Out of PS. Case No.-111 Year-2015 Thana- PAKRIDAYAL District- East Champaran ====================================================== Santosh Paswan, aged about 35 years, Male, Son of Ash Narayan Paswan Resident of Village - Sisahani, P.S.- Pakaridayal, Distt - East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shambha Devi Wife of Santosh Paswan, Resident of Village - Sisahani, P.S.- Pakaridayal, Distt - East Champaran.

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

For the Petitioner/s :

Mr.Shakil Ahmad Khan For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 08-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Pakaridayal P.S. Case No. 111 of 2015 registered for offences under sections 341, 323 and 498(A)/34 of the Indian Penal Code.

In the present case, the Informant Shambha Devi has lodged the F.I.R. against the petitioner making an allegation that the petitioner along with other co-accused persons used to torture and assault her.

Learned counsel for the petitioner has shown a certificate issued by the Mukhia having stated that the Informant herself has deserted from the house leaving her husband along

Patna High Court CR. MISC. No.21828 of 2019(2) dt.08-04-2019 2/2 with her three children and entered into second marriage with Ghanshyam Singh and staying with him in the State of Rajasthan.

Looking to the entire facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Motihari, East Champaran in connection with Pakaridayal P.S. Case No. 111 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

(Shivaji Pandey, J) rishi/- U T