Rajesh Paswan @ Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47727 of 2024 Arising Out of PS. Case No.-363 Year-2023 Thana- NAWANAGAR District- Buxar ====================================================== Rajesh Paswan @ Rajesh Kumar Son of Rajnish Paswan Resident of Village - Tanuatt Matiyar, P.S.- Dinara, District - Rohtas. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Puja Devi W/o Rajesh Kumar, D/o Lalit Paswan R/o Village- Rupsagar,P.S.- Nawanagar, District- Buxar At present R/o of Village- Tenuath Mathiya, P.S.- Dinara, , District- Rohtas ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr.Arun Kumar Gupta, Advocte For the State :
Mrs.Sangeeta Sharma, APP For the O.P.2 :
None ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State. Despite valid service of notice, nobody appears on behalf of opposite party no. 2.
2. The petitioner, husband of the opposite party no. 2, apprehends his arrest in a case registered for the offence under Sections 341, 323, 379, 498A, 34 of the Indian Penal Code and Section 3 & 4 of the Dowry Prohibition Act.
3. Allegation against petitioner is of matrimonial cruelty and demand of dowry.
4. While denying the allegations made in the F.I.R., learned counsel for the petitioner submits that petitioner has been falsely implicated in this case merely because he happens
Patna High Court CR. MISC. No.47727 of 2024(4) dt.26-10-2024 2/2 to be husband of opposite party no. 2. He never demanded any dowry or committed torture with opposite party no. 2. Moreover, the dispute between the parties has been resolved and to this effect, petitioner and opposite party no. 2 have already filed a joint compromise petition in the Court below on 14.06.2024 and both are living together, as husband and wife.
5. Considering the aforesaid facts and circumstances, in the event of arrest or surrender within a period of eight weeks from today, let this petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Buxar in connection with Nawanagar P.S. Case No. 363 of 2023, subject to the conditions, as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T