Nunu Babu Paswan @ Nunu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36867 of 2019 Arising Out of PS. Case No.-1239 Year-2015 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Nunu Babu Paswan @ Nunu Paswan, Son of Uchit Paswan Resident of Village - Sughran, P.S.- Dandari, District- Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Smt. Dharamshila Devi, Wife of Nunu Babu Paswan @ Nunu Paswan Resident of Village - Sughran, P.S.- Dandari, District- Begusarai. Daughter of Ramachar Paswan, at presently Resident of Gada, P.S.- Bhagwanpur, District- Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-09-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Complaint Case No.1239 (C) of 2015 in which cognizance under Section 498(A) of the Indian Penal Code and Section 4 of Dowry Prohibition Act has been taken by the learned Magistrate. The allegation against the petitioner as per the complaint is that the marriage of the complainant was solemnized with the petitioner in the year 2014 and after some time, the petitioner along with his family members started demanding motorcycle and Rs.40,000/- as dowry and due to non-fulfillment of the same, the complainant was being tortured physically as well as mentally. Learned counsel appearing for the petitioner submits that

Patna High Court CR. MISC. No.36867 of 2019(7) dt.27-09-2019 2/2 petitioner is ready and willing to keep the complainant as his wife with all care, honour and dignity.

In spite of service of notice having been issued to the complainant, the complainant has chosen not to appear before this Court. Learned counsel further submits that the allegation against the petitioner and entire family members is general and omnibus in nature.

Having regard to the submissions made by the parties and taking into consideration the fact that the allegation against the petitioner is general and omnibus in nature and despite service of notice, the complainant has not appeared before this Court, as such, I am inclined to grant anticipatory bail to the petitioner. Accordingly, let the provision bail granted by this Court vide Order dated 17.06.2019 be confirmed, subject to terms and condition as aforesaid and the bail bond furnished by the petitioner earlier shall be treated to the bail bond furnished by the petitioner pursuant to this order.

(Anil Kumar Sinha, J) sanjeev/- U T