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Patna High CourtCR. MISC./26117/2019bail granted

Praddep Paswan v. The State Of Bihar

2019-08-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26117 of 2019 Arising Out of PS. Case No.-1021 Year-2016 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Praddep Paswan, S/o Darash Paswan, Resident of Village- Chapra, P.O.- Bela Barish, P.S.- Bandya, District- Aurangabad.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Biranti Devi, W/o Pradeep Paswan, D/o Late Brahamdeo Paswan, Resident of Village- Chapra, P.O.- Bela Barish, P.S.- Bandya, District- Aurangabad, at present residing at Village- Manjhar, P.O.- Pai Bigha, P.S.- Main, DistrictGaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-08-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 1021 of 2016 disclosing offence under Section 498A of the Indian Penal Code. Petitioner happens to be the husband of the complainant and as per the complaint petition allegation of demand of Rs.1,00,000/- and for that, she was subjected to torture and the accused persons including the petitioner tried to kill the informant, but she succeeded in fleeing away and since then she is residing in her maike.

Submission of the learned counsel for the petitioner is that the whole allegation is false and concocted. Even according to the complaint petition the demand is for the purpose of

Patna High Court CR. MISC. No.26117 of 2019(8) dt.28-08-2019 2/2 business. Petitioner is still ready to keep her with dignity and care. Further submission is that no specific allegation has been attributed against this petitioner and all the allegations are general in nature.

Heard learned A.P.P. also.

Earlier notice was issued to the opposite party no.2, it appears that the same has been received by her mother and the petitioner has also filed a petition for jointness between them, but in spite of that, opposite party no.2 has not appear. Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned A.C.J.M., 11th, Gaya, in connection with Complaint Case No. 1021 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T