Ritesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59901 of 2024 Arising Out of PS. Case No.-84 Year-2021 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Ritesh Paswan S/o Badri Paswan Resident of Village- Deodha, P.S.- Deodha, District- Madhubani ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ful Kumari W/o Ritesh Paswan, D/o Yogi Paswan R/o vill - Bharban, P.S. - Rahika, Distt. - Madhubani, D/o Yogi Paswan, R/o vill - Bahrba, P.S. - Rahika, Distt. - Madhubani ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Jha,Advocate For the Opposite Party/s :
Mr.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-09-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with C.R. Case no. 84 of 2021 registered under sections 307, 379, 498A, 341 and 323 of the Indian Penal Code.
3. As per the prosecution case, the complainant states that she was married to the petitioner herein on 24.2.2018. Various gifts were given at the time of marriage, details of which has been given in the complaint. She further states that soon after going to her matrimonial home, the accused started making a demand of Rs. 4 lakhs for starting a business. On nonfulfillment of the demand, she was abused, assaulted and
Patna High Court CR. MISC. No.59901 of 2024(2) dt.19-09-2024 2/3 tortured. The accused retained all her articles. They were not ready to listen to the complainant's parents plea to settle the matter.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case only for the reason that he happens to be the husband of the complainant. The allegations besides being general and omnibus in nature are false and concocted. There has been no demand of dowry and the petitioner has all along been ready to keep the complainant with full dignity and honour. The petitioner has no criminal antecedent and even today he is ready to settle the matter with the complainant. Hence, it is prayed that notice be issued to the complainant/opposite party no. 2 so that the matter may be brought to end.
5. Heard learned A.P.P for the State.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner who happens to be the husband of the complainant and especially the contents of the order of the learned trial Court from which it transpires that both the petitioner and the complainant appeared in the learned trial Court, the matter was settled, the complaint went to the petitioner's house where the
Patna High Court CR. MISC. No.59901 of 2024(2) dt.19-09-2024 3/3 complainant was assaulted once again, in view of the facts and circumstances of the case, the Court is not inclined to enlarge the petitioner on anticipatory bail and the application is rejected.
7. The petitioner is directed to surrender in the learned trial Court within a period of four weeks.
(Partha Sarthy, J) Harsh/- U T