Bitani Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44821 of 2024 Arising Out of PS. Case No.-109 Year-2024 Thana- HULASGANJ District- Jehanabad ====================================================== Bitani Paswan son of Late Sidheshwar Paswan Village- Katauli Ps- Hulasganj Dist- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhakar Kumar, Advocate For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-07-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Hulasganj P.S. Case No. 109 of 2024 dated 26.04.2024 registered for the offences punishable under Sections 406, 420, 341, 323 and 504 of the Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act.

3. As per the prosecution case, the allegation against the petitioner is of receiving Rs. 1,00,000/- cash and motorcycle on the pretext of solemnizing marriage of the informant's daughter with his son but marriage of his son was not solemnized with the informant's daughter. He abused and

Patna High Court CR. MISC. No.44821 of 2024(2) dt.15-07-2024 2/3 assaulted the informant and her family members and he further demanded Rs. 5,00,000/- as dowry for solemnizing marriage.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to talking about marriage between the parties. He never demanded money or any article in the form of dowry from the informant. Charge-sheet has been submitted against the petitioner in this case. The petitioner has a clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.04.2024.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jehanabad in connection with Hulasganj P.S. Case No. 109 of 2024, with a condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.44821 of 2024(2) dt.15-07-2024 3/3 failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) lata/- U T