Dhanu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47051 of 2024 Arising Out of PS. Case No.-432 Year-2023 Thana- CHENARI District- Rohtas ====================================================== Dhanu Paswan Son of Sipahi Paswan Resident of Vill- Dumari, P.O. and P.S.- Chenari, District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Siddharth Harsh For the Opposite Party/s :
Mr. Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-08-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 376, 504, 506, 34 of the Indian Penal Code & Section 67(D) of I.T. Act.
3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that the marriage of his daughter was fixed with one Sandip Paswan and engagement was performed on 01.12.2023 and the date of marriage was fixed as 21.04.2024 but the petitioner sent some objectionable pictures of his daughter to her would be husband as such the marriage was on verge of being broken, further the petitioner was also sexually exploiting
Patna High Court CR. MISC. No.47051 of 2024(2) dt.21-08-2024 2/3 his daughter for the last two years.
4. The learned counsel submits that the petitioner has been falsely implicated in the instant case by the informant. It is further submitted that the daughter of the informant got married to Sandip. It is next submitted that the petitioner and the daughter of the informant were in love and when her marriage was fixed with Sandip, she was unhappy, as such, after engagement she herself posted the objectionable photographs on the social media, so that her marriage with Sandip breaks but then the marriage was not broken and the daughter of the informant had no option but to marry Sandip. It is also submitted that the petitioner is a differently abled person, as would manifest from Annexure-4 to the anticipatory bail application and came to be implicated in the instant case by the informant since the petitioner was in love with the daughter of the informant. It is also submitted that the petitioner will not abscond rather will co-operate in the investigation to prove his innocence that he never posted any objectionable pictures of the daughter of the informant on social media.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
Patna High Court CR. MISC. No.47051 of 2024(2) dt.21-08-2024 3/3 counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Chenari P.S. Case No.432/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to his notice that the petitioner despite giving assurance to this court is not co-operating in the investigation or is not presenting himself when required, in that event the learned trial court shall be at liberty to cancel the bail bond of the petitioner.
8. It is also made clear that if charge sheet is submitted connecting the petitioner with the offence, in that event, the present anticipatory bail order shall loose its effect. (Satyavrat Verma, J) amit/- U T