Shankar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70373 of 2023 Arising Out of PS. Case No.-1401 Year-2021 Thana- COMPLAINT CASE District- Jamui ====================================================== Shankar Paswan Son Of Late Ram Prasad Paswan Resident Of VillageNauadih Ps -Sikandra District- Jamui ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Karmi Devi Wife Of Shankar Paswan Resident Of Village- Colony No. 4, Ukhra, Ps- Andal, Distt- West Burdwan (West Bengal) ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Madhuri Kumari Mr.Abhishek Anand For the Opposite Party/s :
Mr.Sanjay Kumar Singh Mr.Pankaj Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for opposite party no. 2.
2. The petitioner apprehends his arrest in a complaint case punishable for the offence under Sections 498(A), 323, 341, 494, 342/34 of the Indian Penal Code.
3. As per the prosecution case,the complainant was married with this petitioner in the year 2001 and out of the wedlock, two children were born, but it is alleged that in the year 2009, the petitioner solemnised second marriage with one Sangita Devi and thereafter, he alongwith his family members started torturing her and finally, she was ousted from her matrimonial house after snatching her ornaments.
Patna High Court CR. MISC. No.70373 of 2023(6) dt.10-07-2024 2/3
4. Learned counsel for the petitioner submits that petitioner is husband of opposite party no. 2 and denies the allegation made in the complaint petition. He further submits that petitioner is ready to keep opposite party no. 2 with full honour and dignity. Learned counsel, by referring to paragraph 3 of the supplementary affidavit filed on 04.07.2024, submits that pursuant to order dated 15.03.2024 passed by learned Principal Judge (Family Court), Jamui in Misc. Case No. 02 of 2023, arising out of Maintenance Case No. 48 of 2020, petitioner is paying Rs. 5,000/- (five thousand) per month, as interim maintenance, to his wife (opposite party no. 2) & children and petitioner undertakes to make payment of aforesaid amount regularly.
5. Learned counsel for the opposite party no. 2 does not dispute the fact of payment of interim maintenance of Rs. 5,000/- to opposite party no. 2 since last three months.
6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of six weeks from today, let the above named petitioner be enlarged 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 J.M. 1st Class, Jamui in connection with
Patna High Court CR. MISC. No.70373 of 2023(6) dt.10-07-2024 3/3 Complaint Case No. 1401-C of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay U T