Ujjawal Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30899 of 2014 Arising Out of PS.Case No. -251 Year- 2013 Thana -GAYA COMPLAINT CASE District- GAYA ======================================================

1. Ujjawal Paswan Son of Raj Kumar Paswan Resident of villageChalhopur, Police Station- Gurua, District- Gaya .... .... Petitioner/s

Versus

1. The State of Bihar

2. Amrita Devi Wife of Ujjawal Paswan, daughter of Naresh Paswan Resident of village- Saokhurd, Police Station- Amas, District- Gaya .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Md.Sufiyan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-04-2015 The opposite party no.2 has received notice herself, but inspite of that she has not turned-up.

Heard learned counsel for the petitioner as well as learned counsel for the State.

In this application for anticipatory bail the petitioner apprehends his arrest for the offences punishable under sections 323, 341, 498 A, 406 and 504/34 of the I.P.C. Allegedly, the petitioner being husband and other coaccused started torturing the complainant for not fulfilling the demand of dowry by way of Rs. 50,000/- and she was being assaulted and lastly ousted from in-laws house after causing threat to kill her.

Patna High Court Cr.Misc. No.30899 of 2014 (3) dt.15-04-2015 2/2 Submission is that the petitioner is ready to keep the complainant with all dignity but she has refused which is evident from the impugned order itself and here also after receiving notice she has not turned up which goes to suggest that she wants any how to harass the petitioner. The entire allegation as alleged is concocted and baseless.

The learned A.P.P. opposes the prayer of pre-arrest bail of the petitioner.

Considering that the petitioner is ready to keep the complainant with all dignity and comfort but the complainant has not appeared here also and from the impugned order itself it reveals that she refused to go with the petitioner and as such the petitioner in case of his arrest or surrender within two months from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. S.D.J.M. Sherghati, Gaya in Complaint Case No. 251 of 2013/ Tr. No. 2314 of 2014, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T