Sumit Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48670 of 2024 Arising Out of PS. Case No.-481 Year-2020 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Sumit Kumar Paswan Son Of Ganesh Paswan Resident Of Mohalla - J.P. Nagar, Police Station - K. Hat, District - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikram Singh, Adv.

For the State :

Mr. Suresh Prasad Singh, APP For the O.P. No. 2 :

Mr. Bhola Prasad, Adv.

Mr. Sanjeev Kumar Singh, Adv.

Mr. Kunwar Ajit Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-12-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3. As per the prosecution case, all the accused persons including this petitioner subjected the complainant to cruelty and torture due to non-fulfillment of dowry demand and ultimately she was driven out from her matrimonial home by the accused persons.

4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has

Patna High Court CR. MISC. No.48670 of 2024(5) dt.03-12-2024 2/3 committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. He submits that there is no specific allegation attributed against the petitioner and as such the petitioner has been implicated merely being the husband of the informant. The petitioner has one criminal antecedent as mentioned in para-3 of this application.

5. In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with C.A. Case No. 481 of 220, subject to the condition as laid down under Section 438 (2) of the Cr.P.C..

6. However, if the opposite party no. 2 files an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement, then the petitioner is directed to appear in the said Mediation, if he fails to appear then the opposite party no. 2 shall be at liberty to file an

Patna High Court CR. MISC. No.48670 of 2024(5) dt.03-12-2024 3/3 application for cancellation of bail.

7. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) anand/- U T