Sunil Kumar Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79134 of 2018 Arising Out of PS. Case No.-243 Year-2018 Thana- ALOULI District- Khagaria ====================================================== Sunil Kumar Paswan Son of Ram Chandra Paswan, Resident of Village - Meghauna, P.S.- Alauli, District - Khagaria.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Rajni Kumari, W/o Sunil Kumar Paswan and Dauthter of Hardeo Paswan, Resident of Village - Meghauna, P.S.- Alauli, District - Khagaria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjana For the Opposite Party/s :

Mr.Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-01-2019 Heard both sides.

Petitioner apprehends his arrest in Alauli P.S. Case No.243 of 2018 registered under Sections 498(A), 494, 323 and 506 of the Indian Penal Code and under Sections 3⁄4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that petitioner is the husband of the complainant. The complainant earlier filed complaint petition on the basis of which the present FIR was registered. The complainant made omnibus and general allegation of demand of dowry against the petitioner and all other family members. It is further submitted that prior to institution of the present case, the petitioner filed Divorce Case No.42 of 2018 in the court of learned Principal Judge, Family

Patna High Court Cr.Misc. No.79134 of 2018(2) dt.25-01-2019 2/2 Court, Khagaria seeking divorce on the ground of cruelty at the hands of the informant. When the informant knew about the filing of the divorce case, she filed the present case making false allegations.

Considering the facts aforesaid and nature of allegations made against the petitioner and the fact that the informant after having knew about the divorce case filed by the petitioner on the ground of desertion and cruelty, the informant filed the complaint petition, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Khagaria in connection with Alauli P.S. Case No.243 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T