Pappu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75252 of 2023 Arising Out of PS. Case No.-573 Year-2022 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== PAPPU PASWAN S/O KULDEEP PASWAN R/O VILLAGE- HANSEPUR, P.S- PIRBIGHA (AUNGARI), DISTT.- NALANDA.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

RENU KUMARI W/O PAPPU PASWAN, D/O LALAN PASWAN R/O VILLAGE- HANSEPUR, P.S- PIRBIGHA (AUNGARI), DISTT.- NALANDA.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Ram Babu, Advocate For the State :

Mr. Arun Kumar Pandey, APP For the O.P.-2 :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State. Despite valid service of notice, nobody appears on behalf of opposite party no. 2.

2. The petitioner, husband of the opposite party no. 2, apprehends his arrest in a case registered for the offence punishable under Sections 323, 341, 380, 498(A) and 34 of the Indian Penal Code.

3. As per the prosecution case, the marriage of opposite party no. 2 was solemnized with this petitioner in the year 2008 and from the wedlock, two sons and one daughter were born. It is alleged by opposite party no. 2 that petitioner

Patna High Court CR. MISC. No.75252 of 2023(4) dt.19-06-2024 2/3 along with other family members demanded Rs. One lac, as dowry, and due to non-fulfillment of the same, they committed torture and harassment to her. It is also alleged that accused persons forcibly entered into the parental house of opposite party no. 2 and took away Rs. Fifty thousand cash and cloths from there.

4. Learned counsel for the petitioner, while denying the allegations made in the complaint petition, submits that petitioner has been falsely implicated in this case by the complainant merely because he happens to be her husband. However, he is ready to keep the opposite party no. 2 with full honour and dignity. Moreover, 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. Petitioner has got clean antecedent.

5. Considering the aforesaid facts and circumstances, in the event of arrest or surrender 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 the learned A.C.J.M., Hilsa (Nalanda) in connection with Complaint Case

Patna High Court CR. MISC. No.75252 of 2023(4) dt.19-06-2024 3/3 No. 573(c) of 2022, subject to the conditions, as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T