Arun Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33231 of 2015 Arising Out of PS.Case No. -97 Year- 2015 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ====================================================== Arun Paswan .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. G.S. Gupta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-08-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 498A, 494 and 379/34 of the Indian Penal Code.

The accusation is of torture and performing second marriage.

Though, learned counsel for the petitioner submits that the petitioner is still ready to keep the informant as wife with full dignity and honour but learned counsel for the informant submits that since the petitioner has performed second marriage, the informant is not ready to accept the offer of the petitioner. In the alternative, the petitioner is ready to pay `1,500/- per month to the informant from October, 2015 by depositing the

Patna High Court Cr.Misc. No.33231 of 2015 (2) dt.28-08-2015 2/3 same in the bank account of the informant by second week of every month.

Leaned counsel for the informant, on instruction, submits that the offer of payment made by the petitioner is acceptable to the informant who undertakes to supply her bank account to the petitioner within a period of three weeks by the filing the same on affidavit before the learned court below. Considering the stand of the parties, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas, Sasaram in connection with Sheosagar P.S. Case No. 97 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The aforesaid payment will be subject to any order being passed in matrimonial or maintenance proceeding. Three consecutive defaults in making payment by the petitioner will give liberty to the informant to file an application for cancellation of bail of the petitioner.

The present order will not preclude the parties to

Patna High Court Cr.Misc. No.33231 of 2015 (2) dt.28-08-2015 3/3 reconcile the issue otherwise.

(Dinesh Kumar Singh, J) Amrendra/- U T