Sanjit Paswan @ Sanjit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30478 of 2024 Arising Out of PS. Case No.-13 Year-2023 Thana- MAHILA P.S. District- Saharsa ====================================================== Sanjit Paswan @ Sanjit Kumar son of Rajesh Paswan Resident of VillageEkparha, Police Station- Gamhariya, Dist.- Madhepura ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Rinku Devi Wife of Sanjeet Paswan, Daughter of Arjun Paswan Resident of Village- Daurama, Post Office- Bihra, P.S.- Bihra, District- Saharsa ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Uday Chand Prasad, Advocate For the State :
Mr. Pramod Kumar Pandey, APP For Opposite Party No.2 :
N o n e ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-07-2024 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.
2. Despite valid service of notice, nobody appears on behalf of the Opposite Party No. 2.
3. The petitioner apprehends arrest in a case registered for the offences punishable under Sections 323, 341, 498A, 504, 506 and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
4. As per prosecution case, there is allegation of matrimonial cruelty due to non-fulfillment of demand of dowry.
5. It is submitted on behalf of petitioner that petitioner
Patna High Court CR. MISC. No.30478 of 2024(3) dt.30-07-2024 2/3 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 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. Petitioner claims clean antecedents.
6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of petitioner.
7. Considering the aforesaid facts and circumstances, the prayer for grant of anticipatory bail to the petitioner is allowed.
8. Accordingly, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged 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, Saharsa, in connection with Mahila P.S. Case No. 13 of 2023,
Patna High Court CR. MISC. No.30478 of 2024(3) dt.30-07-2024 3/3 subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T