Naresh Paswan @ Naresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33244 of 2024 Arising Out of PS. Case No.-338 Year-2023 Thana- HILSA District- Nalanda ====================================================== Naresh Paswan @ Naresh Kumar S/o Late Doman Paswan R/O VILLAGE - KAIDI, P.S. - NOOR SARAI, DISTRICT - NALANDA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Lakshmini Devi W/o Naresh Paswan @ Naresh Kumar, D/o Rajendra Paswan At present R/o vill and Post - Kapasiyawan, P.S - Hilsa, Distt. - Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shyamal Prakash For the Opposite Party/s :

Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 04-02-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. Petitioner and O.P. no. 2 appeared before the Court personally.

3. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Hilsa P.S. Case no. 338 of 2023 instituted for the offence under Sections 341, 323, 498(A), 506/34 of the Indian Penal Code.

4. As per allegation in the FIR, it is a case of matrimonial dispute. Informant was married to the petitioner in the year 2010 and in matrimonial home, informant was

Patna High Court CR. MISC. No.33244 of 2024(5) dt.04-02-2025 2/3 subjected to torture and cruelty.

5. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Marriage of the petitioner with informant took place fifteen years ago and they are blessed with a girl child. It is mentioned in para 11 of the petition that informant herself left her matrimonial home without informing anyone. Petitioner is still ready to keep his wife with full honour and dignity.

6. Learned counsel appearing for the informant has submitted that informant is also ready to lead her conjugal life with the petitioner.

7. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Hilsa P.S. Case no. 338 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Hilsa, Nalanda subject to the conditions as laid down under

Patna High Court CR. MISC. No.33244 of 2024(5) dt.04-02-2025 3/3 section 438(2) of the Cr.P.C.

8. Petitioner will file an undertaking, before the learned court below that he will keep his wife with full honour and dignity, within a period of four weeks before taking his wife from her maternal house.

9. However, the informant will be at liberty to move for cancellation of bail bond of the petitioner, if the petitioner fails to comply the undertaking given before the court below. (S. B. Pd. Singh, J) sushma/- U