Pappu Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8581 of 2017 Arising Out of PS.Case No. -1477 Year- 2014 Thana -GAYA COMPLAINT CASE District- GAYA ====================================================== Pappu Paswan S/o Rambilash Paswan, Resident of Village- Meera Bigha, P.S.- Alipur, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Tetri Devi, W/o Pappu Paswan, D/o Rajendra Paswan, At- present residing at Village- Chatarghat, P.S.- Chandauti, District- Gaya. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-07-2017 Supplementary affidavit has been filed on behalf of the petitioner annexing copy of the petition filed before the Sr. S.P. Gaya and also a copy of the informatory petition. Keep it on the record.

Heard the learned counsel for the petitioner, the learned A.P.P. for the State as also the learned counsel for the complainant.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Complaint Case No. 1477 of 2014 for the offence punishable under section 498 (A) of the I.P.C.

The complainant was married to the petitioner nine

Patna High Court Cr.Misc. No.8581 of 2017 (6) dt.03-07-2017 2/3 years ago and she used to be tortured by the petitioner and other in-laws due to non fulfillment of demand of dowry by way of Rs.50,000/- and one motorcycle and ultimately she was assaulted and ousted from the in-laws house. The complainant has not given birth to any child and for that the petitioner and others used to abuse and assault her.

Submission is of false implication and that the petitioner was/is always ready to keep the complainant as his wife with honour and dignity but the complainant does not want to live with the petitioner and she with oblique motive has filed this case, the petitioner has tried his best to settle the dispute but she is not ready for the amicable settlement, the opposite party no.2 fled away from Gaya Railway Station and did not go with the petitioner, Vide Annexure- 2A to the supplementary affidavit, the informatory petition is Annexure- 2.

The learned A.P.P. duly assisted by the learned counsel for the complainant opposes prayer for pre-arrest bail of the petitioner by submitting that the petitioner is the husband. He has performed another marriage resulting he is not ready to keep the opposite party no.2 as his wife. The petitioner has left the opposite party no.2 and fled away and as such he does not deserve bail.

Patna High Court Cr.Misc. No.8581 of 2017 (6) dt.03-07-2017 3/3 In the facts and circumstances as stated above, considering the allegation, I am not inclined to grant privilege of pre-arrest bail to the petitioner and accordingly his such prayer stands rejected in connection with the aforementioned case pending in the court of C.J.M. Gaya.

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