Patna High CourtCR. MISC./42175/2014bail granted

Nitish Paswan @ Nitish Kumar v. The State Of Bihar

2015-04-16Mr. Justice Chakradhari Sharan Singh2 pages

Patna High Court Cr.Misc. No.42175 of 2014 (2) dt.16-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42175 of 2014 Arising Out of PS.Case No. -191 Year- 2013 Thana -ASHTHWAN District- NALANDA (BIHARSHARIFF) ======================================================

1. Nitish Paswan @ Nitish Kumar Son of Late Ramchandra Paswan Resident of Village - Deo Bigha, Police Station Wena, Dist.-Nalanda .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Nirmal Kr. Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-04-2015 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the State. This is an application seeking anticipatory bail in a case registered for the offences punishable under Sections 498A, 494, 406 and 323 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act.

Petitioner is the husband of the informant.

The First Information Report is based on complaint petition filed by the wife of the petitioner Ritu Devi. Learned counsel for the petitioner submits that as a matter of fact, the petitioner and the informant were never married to each other. He has drawn my attention to the order of the

Patna High Court Cr.Misc. No.42175 of 2014 (2) dt.16-04-2015 learned Sessions Judge, Nalanda, wherein, he has recorded that the informant herself is not ready to stay with the petitioner. From the complaint petition, it appears that the allegation against the petitioner is that he allegedly solemnized second marriage.

In the facts and circumstances of the case, let petitioner above name, in the event of his arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in Asthawan P.S. case No. 191 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Chakradhari Sharan Singh, J) ArunKumar/- U