Abhimanyu Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62733 of 2023 Arising Out of PS. Case No.-435 Year-2023 Thana- CHAPRA MUFFASIL District- Saran ====================================================== ABHIMANYU KUMAR PASWAN SON OF LATE AMARIKA PASWAN RESIDENT OF VILLAGE- MALA, PS- CHAPRA MUFFASIL, DISTTSARAN AT CHAPRA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajani Kumari , Advocate For the Opposite Party/s :
Mr. Binod Kumar , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under section 3 and 4 of the D P Act.
3. As per the prosecution case, the informant (Rajesh Kumar) alleged that the petitioner and co-accused, Abhisek Kumar, had settled the marriage of his sister Kumari Pinik with petitioner Abhimanyu Kumar Paswan, for which he had given Rs. eight lakhs in cash and other articles worth Rs. two lakhs. The date of marriage was fixed as June 6, 2023. He had made arrangements for barat at the community hall and the AEN compound in Chapt town. When Barat did not come till 12 at night, the informant and his relatives went to the accused persons, where about 15 people were present, whom the informant and others asked as to why Barat did not come. On
Patna High Court CR. MISC. No.62733 of 2023(2) dt.11-10-2023 2/3 this, all the persons present there replied that the barat will not proceed until he gives more than Rs. ten lacs. Petitioners Abhimanyu Kuma Paswan, Saroj Kumar Paswan, Himanshu Kumar, and Radhika Devi clearly denied proceeding Barat unless Rs. ten lacs or Scorpio S10 vehicle is given. The informant, along with his relatives, continued requesting them, but they did not listen. Then he went to the mediator, coaccused Abhishek Kumar, Helper in Rly, but he also narrated the same demand. Rs. five lacs have been expended in preparation of Baratis. Due to the above reason, the entire family, including his sister, is in shock.
4. The learned counsel appearing on behalf of the petitioner submitted that the petitioner is quite innocent and has not committed any such offense. In fact, the marriage was not settled; rather, the informant is employed in the railway, and with the help of a senior official in the railway, he started putting pressure on petitioner Abhimanyu Kumar Paswan to marry his sister but petitioner Abhimanyu Kumar Paswan was not ready for said marriage, and only with a view to put pressure and harass this petitioner and his family member this false and concocted case been lodged.
Patna High Court CR. MISC. No.62733 of 2023(2) dt.11-10-2023 3/3 It is further submitted that no date for Chheka or Tilak has been mentioned in the FIR, which itself shows the falsity of the case. Petitioner claims clean antecedent.
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned C J M, Saran at Chapra in connection with Chapra Mussafil P.S. case No. 435 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Koushik/- U T