Raju Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35739 of 2024 Arising Out of PS. Case No.-20 Year-2022 Thana- MAHILA PS District- Aurangabad ====================================================== RAJU PASWAN S/O CHANDRASHESKHAR PASWAN @ CHANDESHWAR PASWAN R/O VILLAGE- SAIDPUR, P.S- KUTUMBA, DISTT.- AURANGABAD (BIHAR).
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aman Vishal, Advocate For the Opposite Party/s :
Mrs.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-05-2024 Heard learned counsel for the petitioner and Mrs. Renu Kumari, learned APP for the State.
2. The petitioner seeks bail in connection with Aurangabad Mahila P.S. case No. 20 of 2022 instituted for the offences under Sections 341, 323, 504, 506, 498A, 34 of the Indian Penal Code and Sections 3, 4 of the Dowry Prohibition Act.
3. Prosecution case, in short, is that the petitioner alongwith the family members tortured the victim mentally and physically for the non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is the husband of the victim. Learned counsel for the
Patna High Court CR. MISC. No.35739 of 2024(2) dt.14-05-2024 2/3 petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that petitioner never demanded any dowry nor tortured the victim. Learned counsel further submitted that victim is already living in her matrimonial house along with her children. Learned counsel on behalf of the petitioner further submitted that petitioner is ready to keep his wife with him with full dignity and honour. It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.11.2023 and has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner and since the petitioner is ready to keep his wife with him with full dignity and honour, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Aurangabad Mahila
Patna High Court CR. MISC. No.35739 of 2024(2) dt.14-05-2024 3/3 P.S. case No. 20 of 2022 subject to the condition that petitioner will keep his wife with full dignity and honour with him. (Rudra Prakash Mishra, J) Alok Verma/- U T