Bhogendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77807 of 2023 In CRIMINAL MISCELLANEOUS No.24495 of 2023 Arising Out of PS. Case No.-38 Year-2022 Thana- MAHILA P.S. District- Patna ====================================================== 1.
Bhogendra Paswan S/O Rijhan Paswan Resident Of Village - Singyahi Road, P.S. - Pupari, District - Sitamarhi 2.
Pramila Devi W/O Bhogendra Paswan Resident Of Village - Singyahi Road, P.S. - Pupari, District - Sitamarhi ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shabdita Kumari D/O Laxman Ram R/O R.K Puram, Saguna More Khagaul Road, P.S. - Danapur, District - Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Manoj, Advocate For the Opposite Party/s :
Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2023 The present modification application is filed on behalf of the petitioners to modify the order dated 12.04.2023 passed in Cr. Misc. No. 24495 of 2023 to the extent that provisional bail granted to him may be confirmed and also to exonerate from the conditions laid down in last para of the aforesaid order.
2. While granting provisional bail to the petitioners on 12.04.2023, this Court had directed to the learned Court below, which reads as thus:
"The learned Court below shall confirm the bail bond of the
Patna High Court CR. MISC. No.77807 of 2023(2) dt.01-12-2023 2/2 petitioners after satisfying himself the fact that the marriage has been solemnized between the son of the petitioner and Shabdita Kumari, the informant."
3. Learned counsel for the petitioners submits that after due diligence the dispute between the parties could not be settled which is mentioned in order dated 29.08.2023 passed in Cr. Misc. No. 52032 of 2022 and the petitioner of that case, namely, Nirmal Kumar Paswan (son of Bhogendra Paswan) was granted anticipatory bail by this Court. Accordingly, it is submitted that there is no possibility of marriage between the petitioner and the informant.
4. Considering the facts and circumstances of the case and submissions made on behalf of the petitioners, this modification application is allowed and the order dated 12.04.2023 passed in Cr. Misc. No. 24495 of 2023 is modified and the provisional bail granted to the petitioner is confirmed on the bail bond and sureties already furnished by them to the satisfaction of the learned Court below.
(Anjani Kumar Sharan, J) ajay/- U T