Kapil Paswan @ Kapildeo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 57264 of 2019 Arising Out of PS. Case No.-326 Year-2015 Thana- LAKHISARAI District- Lakhisarai ====================================================== KAPIL PASWAN @ KAPILDEO PASWAN, Male, age - 60 years, Son of Late Yadu Paswan, Resident of Village - Sungathia, P.S. - Dharhara, District - Munger.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mamta Kumari, Wife of Sunil Paswan, Daughter of Lakhan Paswan, Mohalla - Chhoti Kabaiya, P.S.- Kabaiya, Ward No. 32, District - Lakhisarai. ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner, informant and the learned APP for the State.

Petitioner apprehends arrest in a case registered under Sections 323, 341, 394A, 498A, 307/34 of Indian Penal Code and Sections 3⁄4 of Dowry Prohibition Act.

Petitioner's counsel submits that the petitioner is father-in-law and is aged about 72 years. He submits that the allegations in the complaint case are general and omnibus and no specific role has been attributed to the petitioner in the complaint petition.

The learned APP for the State as well as the learned counsel for the informant have opposed the prayer and submitted that the investigation has revealed petitioner's participation in the occurrence.

Patna High Court CR. MISC. No.57264 of 2019(4) dt.20-11-2019 2/2 Considering the rival submissions, this Court is inclined to allow prayer for anticipatory bail of the petitioner. Let the petitioner above named, in the event of his arrest or surrender within four weeks from today, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Lakhisarai in Lakhisarai (Kabaiya) Police Station Case No 326 of 2015 dated 06.05.2015 subject to the conditions as laid down in Section 438

(2) of Criminal Procedure Code and also the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T