Sanjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34027 of 2020 Arising Out of PS. Case No.-121 Year-2019 Thana- SONBERSA District- Sitamarhi ====================================================== 1.

SANJAY PASWAN S/o Veer Paswan 2.

Chaniya Devi @ Chano Devi W/o Veer Paswan 3.

Veer Paswan S/o Thaga Paswan 4.

Vijay Paswan S/o Veer Paswan 5.

Lalan Paswan S/o Veer Paswan 6.

Shailendra Paswan S/o Veer Paswan 7.

Reena Kumari W/o Vijay Paswan All are resident of Village- Narkatiya, P.S.- Sonbarsa, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Babita Kumari W/o Sanjay Paswan D/o Upendra Paswan, at present residing at Village- Pipra, P.S.- Kanhauli, District- Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-03-2021 Heard both sides.

The petitioners apprehend their arrest in Sonbarsa P.S. Case No.121 of 2019 registered under Section 498A of the Indian Penal Code and under Sections 3 and 4 of Dowry Prohibition Act.

The learned counsel for the petitioners submits that petitioner no.1 is the husband and petitioner Nos.2 to 7 are the mother-in-law, father-in-law, brothers-in-law and sister-in-law of the informant. It is further submitted that petitioner No.1 is

Patna High Court CR. MISC. No.34027 of 2020(2) dt.12-03-2021 2/3 ready to keep his wife with all honour and dignity. Taking into consideration the facts aforesaid and nature of allegation made against petitioner Nos.2 to 7, let the petitioner Nos.2 to 7, above named, in the event of their arrest or surrender within a period of four weeks be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sitamarhi, District-Sitamarhi in connection with Sonbarsa P.S. Case No.121 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

So far as the case of petitioner No.1 is concerned, he is the husband of the informant. It is submitted that petitioner No.1 is ready to keep his wife.

Taking into consideration the facts aforesaid, the petitioner No.1, above named, is directed to surrender before the court below within a period of four weeks and on such, learned court below shall enlarge the petitioner No.1 on provisional anticipatory bail for six months on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sitamarhi, District-Sitamarhi in connection with Sonbarsa P.S. Case

Patna High Court CR. MISC. No.34027 of 2020(2) dt.12-03-2021 3/3 No.121 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Thereafter, the learned court below shall make efforts for resolution of the disputes between the husband and the wife. If the petitioner No.1 keeps his wife with all honour and dignity and the dispute is amicably resolved, the provisional bail granted to the petitioner No.1 shall be confirmed. If the petitioner No.1 fails to keep his wife with all honour and dignity, learned court below shall pass order in accordance with law on the provisional bail of the petitioner No.1 immediately after lapse of six months.

(Prabhat Kumar Jha, J) Saurabh/- U T