Satish Kumar@ Satish Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55673 of 2023 Arising Out of PS. Case No.-18 Year-2021 Thana- MAHILA P.S. District- Nawada ====================================================== Satish Kumar@ Satish Paswan Son Of Matlu Paswan Resident Of VillageMathgulani Police Station- Pakaribarawan, District -NAWADA ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Rekha Devi Wife Of Satish Kumar @ Satish Paswan Resident Of VillageBhanail, Ps- Akbarpur, Distt- Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Nayan, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 498(A) of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

3. As per prosecution case, all the named accused persons including this petitioner tortured and harassed the complainant for non-fulfillment of demand of dowry.

4. It is submitted on behalf of petitioner that petitioner happens to be husband of the complainant and present case has been lodged due to petty family dispute. Earlier also the complainant has lodged a case bearing Complaint Case No. 1202 of 2010 against the petitioner and other family members

Patna High Court CR. MISC. No.55673 of 2023(2) dt.29-08-2023 2/2 with similar accusation. There is general and omnibus allegation of commission of assault against him. It is further submitted that petitioner is ready to keep the complainant, as his wife, with full honour and dignity. It is next submitted that the case is triable by the Magistrate. In this connection, petitioner has relied upon a 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.

5. Considering the aforesaid facts and circumstances, this anticipatory bail is allowed and it is ordered that let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nawada in connection with Mahila (Nawada) P. S. Case No. 18 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T