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Patna High CourtCR. MISC./3706/2017rejected

Pappu Kumar Paswan v. State Of Bihar And ANR

2017-05-03Mr. Justice Jitendra Mohan Sharma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3706 of 2017 Arising Out of PS.Case No. -197 Year- 2015 Thana -RAGHOPUR District- SUPAUL ====================================================== Pappu Kumar Paswan Son of Moti Paswan Resident of Village- Satain Patti( Koriya Patti), P.S.- Raghopur, District- Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kanchan Devi wife of Pappu Kumar Paswan, Daughter of Satyendra Paswan Resident of Village- Tekuna, P.S. Pratapganj, District- Supaul. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Jha For the Opposite Party/s : Mr. Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-05-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Raghopur P.S. Case No. 197 of 2015 for the offences punishable under sections 341, 323, 379, 498 A, 504 and 506 of the I.P.C and section 3⁄4 of the Dowry Prohibition Act.

The informant Kanchan Devi was married to the petitioner 12 years ago and after some time the petitioner and other in-laws started demanding cow which was fulfilled and then they started demanding motorcycle and cash of Rs. 1,00,000/- and due to non fulfillment the informant was assaulted and tortured by

Patna High Court Cr.Misc. No.3706 of 2017 (4) dt.03-05-2017 2/3 the petitioner and other in-laws and when on getting the information the Naihar people came they were also assaulted by the petitioner and other in-laws The petitioner asserted that he is going to became Chaukidar and for that motorcycle is necessary otherwise the informant will not be allowed to meet any one. The petitioner in drunken condition tried to burn the informant then she hides herself in the house of the neighbour. The informant and her daughter and son were assaulted and they are being treated at Referral Hospital, Raghopur.

Submission is of false implication and that the petitioner never demanded anything, he is law abiding citizen, there was cordial relation between the petitioner and his wife and out of the wedlock there are two children, it is not believable that after such long period the petitioner demanded anything, the petitioner is living with his parent which the informant does not like and she wants to live separately and in order to put pressure the informant has filed this false case.

The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, I am not inclined to grant privilege of pre-arrest bail to him and

Patna High Court Cr.Misc. No.3706 of 2017 (4) dt.03-05-2017 3/3 accordingly his such prayer stands rejected in connection with the aforementioned case pending in the court of A.C.J.M. Birpur, District- Supaul.

(Jitendra Mohan Sharma, J) Abhay/- U T