Ranjan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53797 of 2022 Arising Out of PS. Case No.-1123 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== RANJAN PASWAN Son of Bhola Paswan Resident of village - Sakraicha, P.S.- Parsa Bazar, District - Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chanda Kumari Wife of Ranjan Paswan Daughter of Dilip Paswan, Resident of village - Raghurampur, P.S.- Shahjhanpur, District - Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Mishra For the Opposite Party/s :

Ms.Sharda Kumari, APP Mr. Pankaj Kumar Singh, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-02-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel for OP No. 2, Mr. Pankaj Kumar Singh.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 494 and 498A of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act.

3.

The learned counsel for the petitioner, at the outset, submits that he is willing to keep his wife (OP No. 2 herein) with honor and dignity.

4.

The learned counsel appearing on behalf of the OP

Patna High Court CR. MISC. No.53797 of 2022(4) dt.12-02-2024 2/3 No. 2 submits that earlier also such undertaking was given and when the OP No. 2 accompanied the petitioner, she was thrashed on account of which she left her matrimonial home and came back to her parental home with her child. It is next submitted that no doubt, it has been submitted on behalf of the petitioner that petitioner will keep the OP No. 2 with honor and dignity, but then, since 2019, the petitioner is not giving any maintenance to the OP No. 2 or to the child on which the learned counsel for the petitioner submits that petitioner is willing to pay a monthly maintenance of Rs. 3,000/- (Three thousand) per month. It is also submitted that petitioner is a labourer.

5.

The learned counsel appearing on behalf of the OP No. 2 submits that since petitioner is ready to pay a monthly maintenance of Rs. 3,000/- to the OP No. 2 as such he has instructions not to oppose the anticipatory bail application. 6.

The learned counsel for the OP No. 2 submits that he will WhatsApp the bank account number of the OP No. 2 on the WhatsApp number of the learned counsel for the petitioner. 7.

The learned counsel for the petitioner undertakes to forward the same to the petitioner so that the monthly maintenance commences from 1-3-2024.

Patna High Court CR. MISC. No.53797 of 2022(4) dt.12-02-2024 3/3 8.

Considering the submission made by the learned counsel for the parties, the petitioner above-named, in the event of his arrest or 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. 5,000/- (Rupees 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. 1123(C) of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

9.

However, it is made clear that if for any reason the petitioner does not pay the monthly maintenance amount for two consecutive months, in that event, the OP No. 2 shall be at liberty to file an application before this court seeking cancellation of the bail bonds of the petitioner. (Satyavrat Verma, J) SUMIT/- U T