Ramprit Paswan @ Ramprit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50487 of 2022 Arising Out of PS. Case No.-82 Year-2020 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== RAMPRIT PASWAN @ RAMPRIT KUMAR S/O JANARDAN PASWAN @ JANARDAN MANJHI Resident of village- Yadav Tola Narainapur Ramnagar, P.S.- Ramnagar, District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SUNDRIKA DEVI W/O RAMPRIT PASWAN @ RAMPRIT KUMAR, D/O MUNNI PASWAN Resident of village- Yadav Tola Narainapur Ramnagar, P.S.- Ramnagar, District- West Champaran, at present R/o Village- Khajuri, P.S.- Bhairoganj, District- West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Murari Sharan Tiwari, Adv.

For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2022 Heard learned counsel for the parties.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered under sections 498(A), 323 of the IPC.

Petitioner, who is husband of the informant, is said to have committed torture upon the informant in association of his family members on account of non-fulfillment of demand of dowry. They also ousted her from her matrimonial house. It is submitted by learned counsel for the petitioner that petitioner is an innocent person and has committed no offence.

Patna High Court CR. MISC. No.50487 of 2022(2) dt.12-12-2022 2/3 Petitioner has never made any dowry demand and has been falsely implicated in the present case due to grudge. Petitioner has neither tortured nor assaulted the victim for demand of dowry. It is further submitted that complainant does not want to live with petitioner and the victim herself fled away from her matrimonial home. There is general and omnibus allegation against the petitioner and he is ready and willing to keep his wife with full honour and dignity. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182.

In that view of the matter, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds 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 Complaint Case No.82 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Petitioner is ready to pay Rs.5,000/- (Rupees Five Thousand) per month to opposite party no.2 in the first week of

Patna High Court CR. MISC. No.50487 of 2022(2) dt.12-12-2022 3/3 every month, for her maintenance, as per the bank account details furnished by her in the learned Court below. It is made clear that if the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below for cancellation of the bail bond of the petitioner. Learned court below is directed to issue notice to O.P. No.2 directing her to furnish the bank account details. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceedings.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

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