Pawan Baitha @ Pawan Kumar Baitha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32431 of 2025 Arising Out of PS. Case No.-527 Year-2024 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== Pawan Baitha @ Pawan Kumar Baitha S/o Late Bhola Baitha Resident of Village - Sahlaur, P.S. - Sahayak Sarai, Siwan, District - Siwan ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Krinta Devi W/o Pawan Baitha , D/o Shyama Ji Baitha R/o vill - Nauranga, P.S.- G.B. Nagar, Distt.- Siwan ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :
Mr. Pradeep Narain Kumar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Complaint Case No. 527 of 2024, for the offence punishable under Section 498(A) of the Indian Penal Code read with sections 3 & 4 of the Dowry Prohibition Act.
3. As per the prosecution case, it has been alleged that after marriage of the complainant, accused persons started demanding dowry and due to non-fulfillment of the same, informant was tortured and assaulted. Thereafter, informant was ousted from her matrimonial house and thus, the case has been lodged against the petitioner and his entire family members.
Patna High Court CR. MISC. No.32431 of 2025(3) dt.13-08-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that notices have been issued to O.P. no.2 and in-spite of the valid service, no one appears on behalf of O.P. no.2. Counsel submits that it is the specific stand of the petitioner that he is interested to live with his wife with full dignity and love, but false allegation has been made against him and his family members. Counsel further submits that the petitioner has no criminal antecedent.
5. Learned APP for the State opposes the prayer for bail of the petitioner but submits that if, the petitioner wants to live with his wife with full dignity and love, then a sympathetic view may be taken.
6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of eight weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Judicial Magistrate 1st Class, Siwan, in connection with Complaint Case No. 527 of 2024, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
Patna High Court CR. MISC. No.32431 of 2025(3) dt.13-08-2025 3/3
7. It is made clear that prior to furnishing his bail bond, the petitioner shall visit the house of his wife i.e. O.P. no.2 and will take her with him in the matrimonial house and live with her with full dignity and love. The Trial Court shall accept the bail bonds of the petitioner on furnishing an affidavit by the wife (O.P. no.2) of the petitioner to the effect that she is residing with the petitioner with full honour and dignity. (Dr. Anshuman, J) Divyansh/- U T