Santosh Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10222 of 2017 Arising Out of PS.Case No. -202 Year- 2016 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ====================================================== Santosh Paswan, Son of Bilash Paswan, Resident of Village - Alinagar, P.S. Sare, District - Nalanda.

.... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Ranjan Sinha For the Opposite Party/s : Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-03-2017 The petitioner is in custody since 10.01.2017 in connection with Complain Case No. 202C/2016, registered for offences punishable under Sections 498A/ 34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that petitioner has challenged the factum of marriage itself as such no case of demand of dowry is made out in this case. It has further been submitted that in this case there is delay in lodging of the F.I.R. Petitioner has been in judicial custody since 10.01.2017 Heard learned A.P.P. also and learned counsel for the complainant. It has been submitted on behalf of the complainant that earlier while granting bail to the father-in-law and mother-inlaw, a notice was issued to opposite party no. 2, as such petitioner

Patna High Court Cr.Misc. No.10222 of 2017 (2) dt.06-03-2017 2/3 cannot deny the fact that the marriage was solemnized. It has further been submitted that department of the petitioner has also noticed the opposite party no. 2 and the department has also found that the marriage was solemnized.

Having heard both sides, considering the facts and circumstances of the case and the nature of allegation and also that the petitioner has been in judicial custody since 10.01.2017, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-VII, Nalanda at Biharsharif, in connection with Complaint Case No. 202C/ 2016, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event

Patna High Court Cr.Misc. No.10222 of 2017 (2) dt.06-03-2017 3/3 of failure on his part two appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U