Suddu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40854 of 2023 Arising Out of PS. Case No.-1040 Year-2017 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== Suddu Paswan S/O Suranga Paswan R/O Village- Bahiyara Ps. Chandi,Dist.Bhojpur (ARA) ... ... Petitioner/S

Versus

1.

The State Of Bihar 2.

Pushpa Devi W/O Suddu Paswan, D/O Mohan Paswan R/O Village- Jawahar Tola, P.O. Ara Nawada, Ps. Ara Nawada Dist. Bhojpur (ara) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akhilesh Kumar Pandey For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-02-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 380, 323, 504, 341 and 34 of the Indian Penal Code read with Sections 3 and 4 of the DP Act.

3.

The learned counsel for the petitioner submits that from perusal of the order dated 31-1-2024 passed by a learned Coordinate Bench, it would manifest that notices have been validly served upon the OP No. 2. It is next submitted that OP No. 2, despite receiving notice, chooses not to appear in the case. It is further submitted that petitioner is the husband and has been falsely implicated in the present case. It is further submitted that OP No. 2 has already performed her second

Patna High Court CR. MISC. No.40854 of 2023(4) dt.13-02-2024 2/2 marriage with one Chhotak Paswan and is blessed with a child and this perhaps explains why despite receiving notice, she chooses not to appear.

4.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 1040(c) of 2017 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6.

However, the OP No. 2 shall be at liberty to file an application seeking cancellation of the anticipatory bail, in the event, if the petitioner has obtained anticipatory bail by misleading the court.

(Satyavrat Verma, J) SUMIT/- U T