Vinay Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32521 of 2016 Arising Out of PS.Case No. -480 Year- 2010 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ====================================================== Vinay Paswan, S/o Late Chandeshwar Paswan, resident of Mithiya, P.S.- Karauna, District- Jehanabad .... .... Petitioner/s

Versus

The State of Bihar & ANR.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shyamal Prakash, Advocate For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-08-2016 Heard learned counsel for the petitioner and the State.

The petitioner being the husband of the complainant is languishing in custody since 18.06.2016 in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 341, 494, 498A, 120B of the Indian Penal Code.

The basic accusation is of torture and performance of second marriage.

It is submitted by the learned counsel for the petitioner that petitioner admits his marriage with the complainant. The petitioner has a grownup daughter and her marriage was fixed on 13.07.2016 but the petitioner was taken into custody on 18.06.2016. It is further

Patna High Court Cr.Misc. No.32521 of 2016 (2) dt.02-08-2016 submitted that the petitioner has not performed second marriage. Though, statement to that effect has not been made in the petitioner. The petitioner is still ready to keep the complainant as wife with full dignity and honour. Statement to that effect has been made in para-13 of the petition which reads as follows:- "That despite of the facts as contained in the preceding paragraphs of the present petition, the petitioner is still ready to keep the complainant with him as a legally wedded wife with full dignity, respect love and honour."

Considering the present stand of the petitioner, let the above named petitioner, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa (Nalanda) in connection with Complaint Case No. 480C of 2010. (Dinesh Kumar Singh, J) P.K./- U T