Rohit Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61732 of 2024 Arising Out of PS. Case No.-436 Year-2023 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== Rohit Paswan Son of Bhagat Paswan Resident of Village- Dumariya, P.S.- Koilwar, District- Bhojpur (Arrah) ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Anjali Kumari Wife of Rohit Paswan, Daughter of Ram Tawakal Ram Village- Belghat, P.S.- Arrah (Muffasil), District- Bhojpur (Arrah) ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandan Kumar Verma, Adv.
For the State :
Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 03-04-2025 In pursuance to the earlier order dated 27.02.2025, both the parties appeared with their respective counsel in Chambers proceeding.
2. Heard the parties.
3. The petitioner is apprehending his arrest in connection with Complaint Case No. 436(C) of 2023 for the offence under Sections 323, 341, 504, 498A and 34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.
4. It is a case of matrimonial dispute between the parties. Petitioner is the husband of opposite party no. 2 (complainant). Allegation against the petitioner and his family members is of torturing, assaulting and ousting the complainant
Patna High Court CR. MISC. No.61732 of 2024(5) dt.03-04-2025 2/3 from her matrimonial house due to non-fulfillment of dowry demand.
5. Learned counsel for the petitioner submits that petitioner is quite innocent, committed no offence and has been falsely implicated in this case. Petitioner has never demanded any dowry from the complainant and for that never tortured her. He further submits that the complainant is arrogant, open minded and stubborn type of women and she herself left her matrimonial house at the behest of her well wisher.
6. Learned Additional Public Prosecutor opposes the prayer of anticipatory bail.
7. During course of argument learned counsel for the petitioner submits that petitioner is ready to pay Rs. 3,000/- (three thousand) per month as maintenance for his wife (complainant) to show his bona-fide conduct. He is also ready to pay two months advance maintenance at the time of filing bail bond. He further submits that petitioner is ready to file an affidavit regarding the aforesaid payment in the Trial Court at the time of filing bail bond. The above amount of maintenance will be adjusted in any future allowances awarded by any competent Court. Opposite party no. 2 shall furnish her account details to the petitioner so that maintenance amount can be
Patna High Court CR. MISC. No.61732 of 2024(5) dt.03-04-2025 3/3 transferred directly to her account.
8. Keeping in view the aforesaid facts, let the petitioner be enlarged on anticipatory bail in the event of arrest or surrender within a period of four weeks from the receipt/production of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Complaint Case No. 436(C) of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(S. B. Pd. Singh, J) prabhakar/- U T