Dhiraj Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61505 of 2025 Arising Out of PS. Case No.-14 Year-2025 Thana- MAHILA PS District- East Champaran ====================================================== Dhiraj Paswan S/o- Sakindra Paswan Village- Ahawar Sheikh Paswan Toli Ps- Majhauliya Dist- West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Kavita Devi W/o- Jitendra Paswan Village- Sapha W.No-11, Ps- Sugauli Dist- East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the State :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 18-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Mahila P.S. Case No. 14 of 2025, dated 28.02.2025 registered for the offences punishable under Sections 69 and 3(5) of B.N.S., 2023 and Sections 3 and 4 of Dowry Prohibition Act.
3. As per allegation, the marriage between the daughter of the informant and the petitioner was settled. However, on account of insufficient dowry, the marriage could not be solemnized. But during negotiation of the marriage, the petitioner had developed physical relationship with the daughter
Patna High Court CR. MISC. No.61505 of 2025(2) dt.18-09-2025 2/3 of the informant whose marriage was settled with the petitioner.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the matter has been amicably settled between the parties and in support of such submission, one compromise petition signed by the victim and accused side has been filed in the Court of learned S.D.J.M, Sadar Motihari, East Champaran and a copy of the same has been filed across the Board and the same is taken on record.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Patna High Court CR. MISC. No.61505 of 2025(2) dt.18-09-2025 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Mahila P.S. Case No. 14 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T