Nirudh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37002 of 2023 Arising Out of PS. Case No.-376 Year-2019 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== NIRUDH PASWAN Son of Nanhak Paswan VILLAGE TIRA P.S. HULASGANJ DISTRICT JEHANABAD ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Mamta Devi Wife of Nirudh Paswan Resident of Village- Tira, PSHulasganj District- Jehanabad, presently resides village bauri PS- Hulasganj District- Jehanabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Complaint Case No. 376 of 2019 dated 11.06.2019 registered for the offence punishable under Sections 323, 498A, 494 and 504 read with 34 of the Indian Penal Code.

As per the prosecution case, the petitioner and the co-

Patna High Court CR. MISC. No.37002 of 2023(2) dt.28-06-2023 2/3 accused persons are alleged to have tortured the complainant due to non-fulfillment of demand of dowry as Rs. 50,000/-. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is a husband. The petitioner neither demanded dowry nor assaulted the complainant. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 29.01.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jehanabad in connection with Jehanabad Complaint Case No. 376 of 2019.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T

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