Garibnath Paswan @ Gariban Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26030 of 2020 Arising Out of PS. Case No.-2567 Year-2019 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== GARIBNATH PASWAN @ GARIBAN PASWAN Son of Ramanand Paswan Resident of Village - Bhagwanpur Pakari (Pohiyar Buzurg), P.S.- Lalganj, Distt - Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Laxmi Kumar Wife of Garibnath Paswan @ Gariban Paswan D/o Nagendra Paswan Resident of Village - Ramjanki Pohiyar Puzurg Police StationDeseri (Op - Sadai), Distt - Vaishali at Hajipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivendra Kumar Sinha For the Opposite Party/s :

Mr.A.G.

(The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Heard learned counsel for petitioner and learned counsel for the State.

CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-10-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 498(A) of the Indian Penal Code and section 4 of D.P.Act. Allegation against petitioner and other co-accused is of torturing for non-fulfillment of demand of dowry and she was ousted from her matrimonial house after snatching her belongings.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.26030 of 2020(2) dt.21-10-2020 2/3 he is innocent and has falsely been implicated in this case. Petitioner is husband of the complainant and has filed Restitution Case No. 321 of 2019 against the complainant. Petitioner is still ready to keep the complainant with full honour and dignity. Petitioner has not criminal antecedent. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Vaishali at Hajipur in connection with Complaint Case No. C1-2567 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the

Patna High Court CR. MISC. No.26030 of 2020(2) dt.21-10-2020 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/veena U T