Anarjeet Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27634 of 2020 Arising Out of PS. Case No.-2720 Year-2018 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== ANARJEET PASWAN Son of Asharfi Paswan Resident of Village- Mamsai, P.S.- Sahdei, District- Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gunjan Kumara Wife of Anarjeet Paswan Resident of Village- Mamsai, P.S.- Sahdei, District- Vaishali and daughter of Nandlal Paswan and at present resident of village- Balu Chakmahdin, P.S.- Jandaha, District- Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yugal Kishore, Advocate For the Opposite Party/s :

Mr. Raj Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-11-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is apprehending arrest in connection with Complaint Case No.2720 of 2018 for the offence under Sections 323, 325, 379, 406, 498A, 494, 313, 511 and 504/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Learned counsel for the petitioner would submit that the petitioner has no criminal antecedent. Petitioner is the husband of the complainant and the marriage took place on 17.05.2016. It is alleged that on account of non-fulfilment of dowry demand, the petitioner and his family members have tortured the complainant. He further submits that the petitioner is ready to keep his wife with full honour and dignity. There is

Patna High Court CR. MISC. No.27634 of 2020(2) dt.25-11-2020 2/2 total denial of the fact that the petitioner has got second marriage with another women/girl.

Considering the fact that the petitioner has no criminal antecedent and also considering that the petitioner is ready to keep the complainant with full honour and dignity, the Court is inclined to grant anticipatory bail to the petitioner, let the petitioner named above, be released on bail in the event of arrest or surrender before the court below within a period of one month from the date of communication of a copy of this order, on furnishing bail bond of Rs.50,000/- (fifty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-15, Vaishali at Hajipur in connection with Complaint Case No.2720 of 2018, subject to the condition as laid down under section 438(2) of the Cr.P.C. with further conditions- if it is established that the petitioner has got second marriage with any girl/woman, the complaint may have justification not to reside with the husband, she may claim maintenance from her husband and other reliefs under the provisions of Hindu Marriage Act and other allied law including protection from the domestic violence.

(Anil Kumar Upadhyay, J) B.Kr./- U T