Yogendra Paswan v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57332 of 2018 Arising Out of PS.Case No. -96 Year- 2017 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN (MOTIHARI) ====================================================== Yogendra Paswan, S/O Bunnilal Paswan, R/V- Musharwa, P.S. Palanwa, District- East Champaran.
.... .... Petitioner
Versus
1. The State of Bihar.
2. Babita Devi, W/O Yogendra Paswan, D/O Bir Bahadur Paswan, R/VMusharwa, P.S. Palanwa, District-East Champaran, at present R/MBairiya, P.S. Ramgadhwa, District- East Champaran. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Sunil Kumar No.III, Advocate. For the State : Smt Sangeeta Sharma, A.P.P. For O.P. No. 2 : Mr. Madhurendra Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-09-2018 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 and 498(A) of the IPC. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case due to petty family dispute. There is no allegation of
Patna High Court Cr.Misc. No.57332 of 2018 (2) dt.14-09-2018 2/3 tampering with the witnesses alleged against the petitioner. The informant and her family members are in habit of instituting similar cases against the petitioner and his family members. 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. Raxaul at Motihari, East Champaran, in connection with Trial No. 2463 of 2018, arising out of Complaint Case No. C96 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
If so advised, either of the parties will be at liberty to make an application before the court below for referring the matter
Patna High Court Cr.Misc. No.57332 of 2018 (2) dt.14-09-2018 3/3 to the District Mediation Centre for the purpose of reconciliation or one time settlement.
U.K./- (Sudhir Singh, J) U T