Dudheshwar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29222 of 2025 Arising Out of PS. Case No.-263 Year-2024 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Dudheshwar Paswan S/o Late Rajendra Paswan R/o Vill - Tetariya, P.S.- Aurangabad Mufassil, Distt.- Aurangabad (Bihar) ... ... Petitioner
Versus
1.
The State of Bihar 2.
Reena Devi W/o Dudheshwar Paswan R/o vill - Tetariya, P.S.- Aurangabad Mufassil, Distt.- Aurangabad (Bihar), D/o Saryu Paswan, at present residing at vill - Sundarganj, P.S.- Risiup, Distt.- Aurangabad (Bihar) ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Aman Vishal, Advocate For the State :
Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Complaint Case No. 263 of 2024, dated.22.03.2024 registered for the offences punishable under Sections 341, 323, 498A, 494, 504, 379, 34 of the Indian Penal Code.
3. As per allegation, there was demand of additional dowry and on account of non-fulfillment of the same, the informant/wife was subjected to cruelty by the petitioner/husband. It is further alleged that the petitioner has illicit relationship with one lady, Baby Devi and as per the
Patna High Court CR. MISC. No.29222 of 2025(2) dt.12-05-2025 2/3 statement of the petitioner/husband he has married her. However, she is not aware when the marriage was solemnized and as per the statement of the complainant before learned Magistrate, she has four children from the accused/petitioner.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that as a matter of fact, on account of wear and tear of family life there is some annoyance caused to the Complainant/Wife and he has filed this false case.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Patna High Court CR. MISC. No.29222 of 2025(2) dt.12-05-2025 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Complaint Case No. 263 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T