Patna High CourtCR. MISC./50740/2023bail granted

Jitendra Paswan v. The State Of Bihar

2023-08-16Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50740 of 2023 Arising Out of PS. Case No.-125 Year-2020 Thana- MAHILA P.S. District- Nalanda ====================================================== JITENDRA PASWAN SON OF LALO PASWAN @ LALA PASWAN RESIDENT OF VILLAGE - MORATALAB, POLICE STATION - RAHUI, DISTRICT NALANDA ... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

MONI DEVI DAUGHTER OF PRAMOD PASWAN RESIDENT OF VILLAGE - SONSA, POLICE STATION - RAHUI, DISTRICT - NALANDA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-08-2023

1. 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 Mahila P.S. Case No. 125 of 2020 dated 22.09.2020 registered for the offences punishable u/s 498A, 323, 494 of the Indian Penal Code and

Patna High Court CR. MISC. No.50740 of 2023(2) dt.16-08-2023 2/3 Section 3/4 of Dowry Prohibition Act.

4. As per the prosecution case, the petitioner and the other co-accused persons used to assault and oust the informant from the matrimonial house due to non-fulfillment of demand of Rs. 50,000/- as dowry. It is further alleged that the petitioner contracted second marriage with Sarita Devi.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.04.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner who is husband of the informant.

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, Nalanda at Biharsharif in connection with Mahila

Patna High Court CR. MISC. No.50740 of 2023(2) dt.16-08-2023 3/3 P.S. Case No. 125 of 2020.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T