Pankaj Paswan @ Pankaj Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44326 of 2022 Arising Out of PS. Case No.-10 Year-2022 Thana- MAHILA PS District- Jamui ====================================================== Pankaj Paswan @ Pankaj Kumar Paswan S/O Prakash Paswan R/O Village - Tetariya, P.S. Barhat, District - Jamui, At Present R/O Village R.K. Dangal, North Ashansol, District - Bardwan (W.B. ).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-12-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 498(A), 323, 379, 494/34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act. The allegation against the petitioner is that due to non-fulfillment of dowry demand of Rs. Four lakhs & one motorcycle, petitioner and co-accused persons started to assault and torture the complainant mentally

2/4 and physically. It is also alleged that they have ousted the informant from her matrimonial house.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case.

Learned Counsel for the informant prayed for some maintenance for survival of the informant as she is a housewife and she is not able to maintain herself. In alternative, learned counsel appearing on behalf of the petitioner, on instructions, submits that petitioner is ready to give rupee four thousand per month from this month, subject to furnishing bank account number by the informant to the petitioner. In the changed circumstance, learned counsel for the informant admits that he shall provide bank account number of the informant to the petitioner within a period

3/4 of one week from today. On receipt of the bank account number of the informant, the petitioner shall deposit Rs 4,000/ (Four Thousands) in every month commencing from December as maintenance in the account furnished by the informant.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Jamui Mahila P.S. Case No. 10 of 2022 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jamui subject to the conditions as laid down under section 438(2) of the Cr.P.C.

The bail bonds of the petitioner shall be

4/4 accepted by the learned court below on showing receipt of deposit of Rs. 4,000/- (for the month of December) by the petitioner in the account of the informant. The aforesaid payment will be subject to any order passed in the maintenance case for final settlement.

(Sunil Kumar Panwar, J) nirajkrs/- U T