Suraj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69959 of 2024 Arising Out of PS. Case No.-206 Year-2023 Thana- COMPLAINT CASE District- Jamui ====================================================== Suraj Paswan S/O Yogendra Paswan Resident of village- Gopalpur, P.SKhaira, District- Jamui ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sumitra Kumari W/O Suraj Paswan, D/O Dasrath Paswan R/O Hansdih, P.O and P.S- Distt.- Jamui.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hafiz Shahbaz Arif, Adv.

For the State :

Ms. Asha Devi, APP.

For the Complainant :

Mr. Nilendu Kumar Choudhary, Adv.

====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 17-06-2025 The petitioner and the complainant are present along with their counsels in the Chambers proceedings.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3. The instant case arises out of the complaint filed by the opposite party no.2, wife of the petitioner, alleging therein that there was demand of Rs. 75,000/- along with a bike and the consequent torture upon her.

4. After a brief interaction with the parties, it appears that the matter cannot be resolved at this stage. Although the

Patna High Court CR. MISC. No.69959 of 2024(6) dt.17-06-2025 2/3 complainant (wife), who has appeared along with her child, is willing to go back to her matrimonial house without any condition, but it is the petitioner (husband) who has taken an adamant stand and refused to take his wife and his child back to his household.

5. Learned APP for the State and learned counsel appearing for the complainant oppose the prayer for anticipatory bail.

6. At this stage, learned counsel for the petitioner makes an offer in presence of the petitioner himself that the petitioner would make the payment of Rs.5000.00/- (Rupees Five Thousand) per month to the complainant in the second week of every month for the sustenance of the complainant and her child.

7. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No. 206C of 2023, subject to the condition as

Patna High Court CR. MISC. No.69959 of 2024(6) dt.17-06-2025 3/3 laid down under Section 438 (2) of the Cr.P.C.

8. It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

9. Learned counsel for the complainant is directed to furnish the bank account details of the complainant in the learned Court below. If the complainant fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the complainant after she furnishes her bank account details. If the petitioner fails to pay the aforesaid amount on two consecutive months, the complainant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

10. Accordingly, this application stands disposed of. (Soni Shrivastava, J) divyanshi/- U T