Chandan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52248 of 2021 Arising Out of PS. Case No.-403 Year-2020 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== Chandan Paswan Son of Vijay Paswan Resident of Village- Vishunpur Dhodhani, Ward No. 5, P.S.- Parsauni, District- Sitamarhi (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Nibha Kumari Wife of Chandan Paswan, D/o Vinod Paswan At present resident of Village- Brahmaul, P.S.- Nanpur, District- Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shankar Kumar For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a complaint case wherein cognizance has been taken under Section 498(A) of the Indian Penal Code.

The basic accusation is of torture for nonfulfillment of dowry demand and ousting the complainant from her matrimonial house.

It is submitted by learned counsel for the petitioner that a false and concocted story has been

Patna High Court CR. MISC. No.52248 of 2021(2) dt.06-04-2022 2/3 created and petitioner has has been implicated in this case. The petitioner is husband of the complainant and he never demanded any dowry. The petitioner is still ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 6 of the petition.

Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sitamarhi in connection with Complaint Case No. C-1/403/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

If the complainant wishes to reside with the petitioner, she will file a petition to that effect before learned Court below. On receiving such a petition, the

Patna High Court CR. MISC. No.52248 of 2021(2) dt.06-04-2022 3/3 learned Court below will issue notice to the petitioner when the petitioner will be under an obligation to comply the undertaking given before this Court to keep the complainant as wife with full dignity and honour. (Sunil Kumar Panwar, J) Shageer/- U T