Rakesh Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22721 of 2017 Arising Out of PS. Case No.-26 Year-2017 Thana- BEERPUR District- Begusarai ====================================================== Rakesh Kumar Paswan, Son of Sunelal Paswan, Resident of VillageBhawanandpur, P.S.- Birpur, District- Begusarai. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Anita Devi w/o Rakesh Kumar Paswan, resident of village Bhawanandpur, P.s. Birpur, District Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shekhar Kumar Singh, Advocate For the State :

Mr. Chandra Bhushan Prasad, APP For opposite party No.2 :

Mr. Dinesh Maharaj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner is apprehending his arrest in a case registered under Section 498A/34 of the Indian Penal Code. Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case

Patna High Court Cr.Misc. No.22721 of 2017(4) dt.17-10-2017 2/2 of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. It has jointly been submitted on behalf of the parties that they have mutually agreed to stay together.

On behalf of the State and learned counsel for the opposite party No.2, it is submitted that the petitioner is named in the F.I.R.

Considering the submissions made on behalf of the parties, let the petitioner, above named, in the event of arrest/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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Begusarai in connection with Birpur P.S. case No.26 of 2017 corresponding to G.R. No.878 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T