Pankaj Paswan v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61115 of 2017 Arising Out of PS.Case No. -172 Year- 2016 Thana -SAMASTIPUR COMPLAINT CASE DistrictSAMASTIPUR ====================================================== Pankaj Paswan, Son of Nanhku Paswan, Resident of Village- Mahthi, P.S.- Ujiyarpur, District- Samastipur.
.... .... Petitioner
Versus
1. The State of Bihar.
2. Mala Devi, Wife of Pankaj Kumar, Daughter of Arun Paswan, Resident of Village- Kalyanpur North, South Tol, P.S.- Bibhutipur, DistrictSamastipur. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Jitendra Narain Sinha, Advocate. For the State : Mr. Dr. Indiwar Kumari, A.P.P. For O.P. No. 2 : Mr. Dhirendra Kumar and Mr. Ashutosh Singh, Advocates.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2017 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.
The petitioner is apprehending his arrest in a case for the offence registered under Sections 323, 307, 504, 498(A) of the IPC and 3⁄4 of the D.P. Act in which cognizance has been taken under Sections 323 and 498(A) of the IPC.
The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the
Patna High Court Cr.Misc. No.61115 of 2017 (2) dt.14-12-2017 2/2 petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.
On behalf of the learned counsels for the State and opposite party no. 2, it has been submitted that the petitioner is named in the F.I.R/ complaint case.
Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Dalsingsarai, District-Samastipur, in connection with Complaint Case No. 172 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T