Govinda Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69426 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== Govinda Paswan S/o- Dayaram Paswan @ Dashrath Paswan VillageLakshamanpur Ps- Bahera Dist- Darbhanga P/A- H.No-70, First Floor U.P Nagar City Light Surat Gujrat ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shobha Devi D/o- Bechan Paswan Village- Devram Ps- Bahera DistDarbhanga ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subhash Kumar Jha For the Opposite Party/s :
Mr.Asha Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the complainant.
2. The petitioner apprehends his arrest a case registered for the offence punishable under Sections 341, 323, 498A, 504, 506/34 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act.
3. Petitioner is the husband of opposite party no.2. The prosecution case is based upon a complaint filed by the opposite party no. 2 in which she has made an allegation of demand of dowry and torture.
4. Learned counsel for the petitioner submits that the allegations levelled against the petitioner in the complaint petition are not correct. He has rather submitted that the
Patna High Court CR. MISC. No.69426 of 2024(4) dt.30-04-2025 2/3 credentials of opposite party no. 2 are not right and this is the reason why the relationship between the two has suffered the jolt and the petitioner has been compelled to file a case for divorce being Matrimonial Case No. 15 of 2024 on grounds of adultery.
5. The application has been opposed by the learned APP for the State and learned counsel for the opposite party no. 2 on the grounds that the petitioner has made false allegations on the complainant and the complainant also has the responsibility of her child.
6. At this stage, the petitioner offers to give Rs.3500/- (rupees three thousand five hundred) per month to opposite party no.2 in the first week of every month. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding.
7. In such view of the matter, 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 S.D.J.M., Benipur,
Patna High Court CR. MISC. No.69426 of 2024(4) dt.30-04-2025 3/3 Darbhanga in connection with Complaint Case No. 57 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and subject to the further condition that the petitioner shall cooperate in the investigation/trial.
8. Learned counsel for the opposite party no.2, under instruction, submits that the opposite party no.2 undertakes to provide her bank account details to the petitioner within a period of two weeks from today. If the opposite party no.2 furnishes the bank account in which the amount can be transferred, and yet the petitioner fails to give the aforesaid amount on two consecutive dates to opposite party no.2, the opposite party no.2 would be at liberty to file cancellation of bail.
9. Accordingly, this application stands disposed of. (Soni Shrivastava, J) devendra/- U T