Raja Babu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23970 of 2020 Arising Out of PS. Case No.-366 Year-2019 Thana- PATAHI District- East Champaran ====================================================== RAJA BABU PASWAN Son of Nandu Paswan Resident of Village - Bara Shankar, P.S. - Patahi, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-09-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Patahi Police Station Case No. 366 of 2019, registered for the offence punishable under Sections 406/498-A/323/504 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

The allegation against the petitioner is that the informant was married to the petitioner on 27.05.2013 and after the marriage, the accused persons started demanding a sum of Rs. 3,00,000/-, as dowry, and due to non-fulfillment of the said demand, the petitioner, along with other accused persons, tortured the informant, mentally as well as physically.

Patna High Court CR. MISC. No.23970 of 2020(2) dt.18-09-2020 2/3 Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case by the informant at the behest of her family members. He further submits that the marriage took place way back in the year 2013 and out of their wedlock, the informant gave birth to a son and a daughter. He further submits that the allegation against the petitioner and his family members are general and omnibus in nature and the petitioner is in custody since 18.02.2020. He, referring to paragraph 11 of this application, submits that the petitioner has no grievance with the informant and he undertakes to keep his wife with full honour and dignity. After having heard learned Counsel for the parties and taking into consideration the fact that the petitioner is in custody since 18.02.2020, I am inclined to grant regular bail to the petitioner.

This application is allowed.

Accordingly, let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 8th Additional Chief Judicial Magistrate, East Champaran, at Motihari, in connection with Patahi Police Station Case No. 366 of 2019.

Patna High Court CR. MISC. No.23970 of 2020(2) dt.18-09-2020 3/3 It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √