Niraj Kumar Paswan v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.51861 of 2016 (6) dt.04-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51861 of 2016 Arising Out of PS.Case No. -135 Year- 2016 Thana -KURSAKANTA District- ARRARIA ====================================================== Niraj Kumar Paswan Son of Chandranand Paswan, Resident of villageGouthi Bisoriya, Ward No. 1, P.S.- Raniganj, District- Araria .... .... Petitioner/s

Versus

1. State of Bihar

2. Doly Devi Wife of Niraj Kumar Paswan D/o- Suganand Paswan, R/ovillage- Sonamani Godan, P.S.- Sonamani Godan (Gursakanta) DistrictAraria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Naushad Uzzoha For the Opposite Party/s : Mr. Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-04-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Kursakanta (Sonamani Godam) Police Station Case No. 135 of 2016, disclosing offences under Sections 498A, 323 and 504 of the Indian Penal Code and Section 3/4 of the D.P.Act. Learned counsel for the petitioner has submitted that the petitioner happens to be the husband of the informant is innocent and has not committed any offence. In fact, the petitioner admits his marriage with the informant and he is ready to keep the informant as wife with full dignity and honour. Statement to that effect is mentioned in paragraph No.12 of this petition. Moreover, the parties have settled their dispute which is

Patna High Court Cr.Misc. No.51861 of 2016 (6) dt.04-04-2017 evident from the report of the Mediator's report. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, 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. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Araria, in connection with Kursakanta (Sonamani Godam) Police Station Case No. 135 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T