Chandeshwar Paswan @ Chandrashekhar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51290 of 2016 Arising Out of PS.Case No. -43 Year- 2016 Thana -BHAGWANGANJ District- PATNA ======================================================

1. Chandeshwar Paswan @ Chandrashekhar Paswan S/o Surendra Paswan R/o Village- Sarfabad Baliyari, P.S.-Bhagwanganj, District-Patna .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sheo Nandan Pandit, Advocate For the Opposite Party/s : Mr. Surendra Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-12-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in jail since 07.07.2016 in a case registered for offences punishable under Sections 341, 323, 494 of the Indian Penal Code and 3/4 Dowry Prohibition Act. The prosecution case as lodged on the basis of written petition by one Ranju Devi before the Officer-in-Charge, Bhagwsanganj is that her marriage was solemnized with Chandeshwar Paswan on 27.06. 2013 and her husband had married again with another lady and she has been ousted from her matrimonial house. It is further alleged that at the time of marriage Rs. 50,000/- cash and golden ornaments were given to her husband.

It has been submitted by the learned counsel for the petitioner that he has been falsely implicated in the aforesaid case. He further submits that there is no demand of dowry and the

Patna High Court Cr.Misc. No.51290 of 2016 (2) dt.01-12-2016 2/2 name of another women, who was married with the informant's husband, had not been disclosed and the petitioner is ready to keep the informant as his wife with fill dignity and honor. Learned counsel for the informant submits that the informant has been thrown out of her matrimonial house , hence opposes the prayer for bail but is ready to live with the petitioner if he keeps her will full dignity and honour.

Learned A.P.P. for the State has no objection to the aforesaid proposition.

Considering the aforesaid facts and circumstances and undertaking of the petitioner, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each the to the satisfaction learned Judicial Magistrate, Masaurhi, Patna in connection with Bhagwanganj P.S.Case No. 43 of 2016.

It is however, further directed that the petitioner and the informant will appear before the learned Judicial Magistrate, Masaurhi, Patna on 15th December, 2016 and the petitioner undertakes to take the informant to his matrimonial house from the Court of itself.

(Nilu Agrawal, J) Sudha/- U T