Mitan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48162 of 2023 Arising Out of PS. Case No.-3393 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== MITAN PASWAN S/o Late Pachu Paswan R/o Village-Mahinawan Bigicha, Police Station-Maner, District-Patna ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

RANJU DEVI W/o Mitan Paswan Resident of Village-Khapral Chak, P.S.- Parsa Bazar, District-Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Navin Kumar, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Complaint Case No. 3393(C) of 2019 dated 27.01.2021 registered for the offence punishable u/s 498A of the Indian Penal Code.

4. The petitioner and the co-accused persons are alleged to have tortured and harassed mentally and physically to the complainant due to non fulfilment of demand of Rs. 50,000/-

Patna High Court CR. MISC. No.48162 of 2023(2) dt.08-08-2023 2/2 as dowry.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner neither demanded dowry nor tortured the complainant. The petitioner is the husband of the Complainant who had solemnized marriage with her about 19 years back. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.09.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in Complaint Case No. 3393(C) of 2019.

8. The application stands allowed.

(Chandra Prakash Singh, J) ravikr/- U T