Amit Paswan @ Amit Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26370 of 2019 Arising Out of PS. Case No.-2564 Year-2016 Thana- COMPLAINT CASE District- Araria ====================================================== Amit Paswan @ Amit Kumar Paswan, Son of Sadanand Paswan, Resident of Village- Kursakanta, P.S.- Kursakanta, District- Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sulekha Devi, Wife of Amit Paswan @ Amit Kumar Paswan, Daughter of Ramkushun Paswan, Resident of Village- Kursakanta, P.S.- Kursakanta, District- Araria. At present Resident of Village- Bhagkohaliya, Ward No. 1, P.O. and P.S.- Forbesganj, District- Araria.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrigendra Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-07-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 2564 of 2016, disclosing offences under Sections 498A and 323 of the Indian Penal Code. Complainant is wife of the petitioner and allegation as per complaint petition is that accused persons started demanding Rs.2,00,000/- and for that, she was subjected to torture and harassment and they have also taken her signatures on stamp papers and lastly ousted her from the house after assaulting and snatching her ornaments.

Submission of learned counsel for the petitioner is that as a matter of fact, she was not residing with the petitioner and thereafter, on intervention, she gave in writing before the

Patna High Court CR. MISC. No.26370 of 2019(4) dt.16-07-2019 2/2 witnesses that she does not want to live with the petitioner and after six months, the present case has been lodged. In spite of that, petitioner is ready to keep her with dignity and care. Heard learned APP as well as learned counsel for the opposite party no.2 also, they have submitted that she is ready to reside with the petitioner.

In such view of the matter, let the petitioner, above named, surrender before the learned court below on 25.07.2019 and on that day the opposite party no.2 shall also remain present in the Court and further on filing of an affidavit by the petitioner that he is ready to keep her with full dignity and care and to take her from the Court itself, the provisional bail granted to the petitioner, vide order dated 23.04.2019 by a Co-ordinate Bench of this Court shall be confirmed.

With the aforesaid observations, this application is allowed.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T