Shankar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52432 of 2019 Arising Out of PS. Case No.-786 Year-2018 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== Shankar Paswan Son of Baso Paswan, Resident of Village-Ram Nagara Pota Tilak Tajpur Ward No.13, P.S.-Runni Saidpur, District-Sitamarhi. ... ... Petitioner
Versus
1.
The State of Bihar.
2.
Chanchala Devi Wife of Shanar Paswan, Daughter of Nagendra Paswan Resident of Village-Runni Saidpur, Ward No.7, P.S.-Runni Saidpur, DistrictSitamarhi. ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr.Hans Lal Kumar, Advocate For the State :
Mr.Yogendra Kumar Singh, APP For the O.P. No. 2 :
Mr.Pushpendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-11-2019 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2. Petitioner in the present case is seeking anticipatory bail in connection with Complaint Case No. 786 of 2018 in which cognizance has been taken for the offences punishable under Sections 341, 323, 504, 379, 498(A) of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that the petitioner is ready to keep her wife with full dignity and care. Learned A.P.P. for the State as also learned counsel for the opposite party no. 2 have opposed the prayer for bail. Considering the facts and circumstances of this case,
Patna High Court CR. MISC. No.52432 of 2019(6) dt.29-11-2019 2/3 wherein both the parties are agreeing to live together and it is an instruction to learned counsel for the petitioner to say that the petitioner shall visit the place of opposite party no. 2 within two weeks from today and shall bring her back to his matrimonial home where he is residing and thereafter she willl be kept there with full dignity and care, let the petitioner above named in the event of his arrest or surrender within a period of four weeks from today be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Complaint Case No. 786 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e. (i) a condition that the person shall make himself available for interrogation by a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court. And further condition that in terms of his own undertaking the petitioner must visit the place of opposite party no.
Patna High Court CR. MISC. No.52432 of 2019(6) dt.29-11-2019 3/3 2 and bring back her to his matrimonial home and there she should be allowed to live with full dignity and care failing which it will be open for the opposite party no. 2 to take an appropriate step for cancellation of bail bond of the petitioner in the court below. (Rajeev Ranjan Prasad, J) vats/ved U T