Bisho Kumar @ Bishnu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29979 of 2024 Arising Out of PS. Case No.-289 Year-2023 Thana- DHORAIYA District- Banka ====================================================== Bisho Kumar @ Bishnu Paswan S/o Manu Paswan R/o village- Jotha, P.s. - Dhoraiya, Distt. - Banka ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-06-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends his arrest in connection with Dhoraiya P.S. Case No. 289 of 2023 registered under Sections 498A, 341, 323, 285, 494, 308/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. As per prosecution case, all the named accused persons including this petitioner tortured and harassed the informant for non-fulfillment of demand of dowry.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner happens to be husband of the informant and present case has been lodged due to petty family dispute. There is general and omnibus allegation of commission of assault against him. It is further submitted that petitioner is

Patna High Court CR. MISC. No.29979 of 2024(3) dt.20-06-2024 2/2 ready to keep the informant, as his wife, with full honour and dignity. It is next submitted that the case is triable by the Magistrate. In this connection, petitioner has relied upon a 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.

6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of petitioner.

7. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in connection with Dhoraiya P.S. Case No. 289 of 2023 corresponding to G.R. No. 3557 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T