Dharmendra Paswan@Dharbinder Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30229 of 2017 Arising Out of PS.Case No. -555 Year- 2008 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ======================================================

1. Dharmendra Paswan @ Dharbinder Paswan S/o Ramnandan Paswan Resident of Village - Tulsiahi Balua Tola, P.S. - Khajauli, District - Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kusum Devi W/o - Dharmendra Paswan, Resident of Village - Tulsiahi Balua Tola, P.S. - Khajauli, District - Madhubani at present Kusum Devi, D/o Jibachh Paswan, Resident of village - Sipahigiri Mirjapur, P.S. - Tadaniya, District - Madhubani.

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

For the Petitioner/s : Mr. Manish Kumar No 13, Advocate For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 323, 498(A), 379 of the Indian Penal Code.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case due to

Patna High Court Cr.Misc. No.30229 of 2017 (2) dt.13-07-2017 2/2 petty family dispute. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it is submitted that the petitioner is named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri M.K. Dubey, J.M. 1st class, Madhubani in connection with C.R. case No.555 of 2008 corresponding to T.R. No.1144 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T