Abdhesh Kumar Paswan @ Awadhesh Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4616 of 2021 Arising Out of PS. Case No.-910 Year-2019 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== ABDHESH KUMAR PASWAN @ AWADHESH KUMAR PASWAN S/O BIKAU PASWAN Resident Of Village - Bhawanpur,P. S. - Bathnaha, District - Sitamarhi.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Neelam Devi W/O Abdhesh Kumar Paswan @ Awadhesh Kumar Paswan D/O chulhai Paswan Resident Of Village - Bhagwanpur, P. S.- Bathnaha, Distt. - Sitamarhi. At Present R/O Village - Sarwarpur, P.S. - Sonbarsa, District - Sitamarhi.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok, Adv.
For the Opposite Party/s :
Mr. A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-11-2021 Heard the learned counsel for the parties.
The petitioner seeks regular bail in connection with C1 Case No. 910 of 2019 for the offence punishable under Sections 498(A). 323. 307, 504, I.P.C. and 3/4 of the D.P. Act. The allegation is regarding the accused persons including the petitioner, who is the husband of the victim lady having tortured and inflicted cruelty upon the victim lady on account of non- fulfillment of the demand for dowry. The marriage of the petitioner with the victim lady is stated to have been solemnized in the year 2016.
The learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.4616 of 2021(2) dt.22-11-2021 2/3 that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that the petitioner is ready and willing to keep his wife with due honour and dignity, hence for the said purpose, he is not averse to participating in mediation proceedings, before the learned court below, as and when the same is initiated. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials on record, I deem it fit and proper to grant liberty to the petitioner to surrender before the learned court of S.D.J.M. Sadar, Sitamarhi in connection with C1 Case No.
910 of 2019, within a period of four weeks from today, whereupon the petitioner shall be admitted to the privilege of provisional bail on the very same day and then the learned court below shall issue notice to the complainant- wife with a view to settle the matrimonial disputes in between them by resorting to mediation proceedings.
Patna High Court CR. MISC. No.4616 of 2021(2) dt.22-11-2021 3/3 dismissal of his anticipatory bail petition by the learned court below.
In the meantime, for a period of four weeks from today, no coercive steps shall be taken against the petitioner herein.
The present petition stands disposed of on the aforesaid terms.
(Mohit Kumar Shah, J) Tiwary/- U T