Patna High CourtCR. MISC./77075/2024bail granted

Bundel Paswan @ Bundel Kumar Paswan v. The State Of Bihar

2025-07-10Mr. Justice Anil Kumar Sinha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77075 of 2024 Arising Out of PS. Case No.-1056 Year-2023 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Bundel Paswan @ Bundel Kumar Paswan S/o- Ganga Paswan VillageNarayanpur Dedhpura, P.S. Mahanar, District- Vaishali ... ... Petitioner/s

Versus

The State of Bihar 2.

Kavita Kumari W/o- Bundel Paswan Village- Narayanpur Dedhpura W.No7, Ps- Mahanar Dist-Vaishali, P/A- Hariharpur Teghra Nagar ParishadW.No1, Ps- Teghra Dist-Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vasant Vikas For the Opposite Party/s :

Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-07-2025

1. Heard learned Counsel for the petitioner, learned Counsel for the complainant-Opposite Party No. 2 and learned Additional Public Prosecutor for the State.

2. The matter was referred to the mediation vide order, dated 31.01.2025, however, the mediation failed. When the matter was taken up and heard, both the parties expressed their willingness for the matter to be placed in Chambers to enable this Court to explore possibility of amicable settlement between the parties.

3. Pursuant to previous orders, both husband and wife are

2/4 present-in-person in Chambers alongwith their respective counsels. This Court persuaded the parties for amicable settlement, but could not succeed in the same. Accordingly, this anticipatory bail application is being decided on its merit.

4. The petitioner apprehends his arrest in connection with Complaint Case No. 136 of 2019, registered for the offences punishable under Sections 498-A/494/406/34 of the Indian Penal Code and Sections 4 of the Dowry Prohibition Act.

5. The allegation, as per the complaint case, is that the marriage of the Opposite Party No. 2 was solemnized with the petitioner in the year 2007. The complainant lived peacefully in her matrimonial home for 4-5 years, during which four children were born from the wedlock. After 4-5 years the complainant's husband along with his family members started demanding a sum of Rs. 3,00,000/- and a motorcycle as dowry. Due to nonfulfillment of the said demand, the petitioner and other family members tortured the complainant physically as well as mentally.

6. Learned counsel for the petitioner submits that the

3/4 petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. However, without prejudice to the right and contention of the petitioner, and in order to maintain harmony in the family, the petitioner is ready and willing to pay a sum of Rs. 2,000/- per month to the Opposite Party No. 2 as living cost, subject to the final outcome of the present case as well as the matrimonial case, if any, pending and/or decided between the parties.

7. Learned counsel for the complainant-Opposite Party No. 2 accepts the offer so made by learned counsel for the petitioner and submits that the petitioner may be directed to deposit the said amount of Rs. 2,000/- per month in the bank account of the complainant-Opposite Party No. 2, details of which shall be furnished by learned counsel for the Opposite Party No. 2 to learned counsel for the petitioner within fifteen days from today.

8. After having heard learned counsel for the parties and taking into consideration the materials on record and the fact that the offer made by learned counsel for the petitioner has been accepted by learned counsel for the Opposite Party No. 2, I am inclined to grant the petitioner

4/4 privilege of anticipatory bail.

9. This application is, accordingly, allowed.

10. Let the petitioner, above named, in the event of his arrest/surrender before the learned Court below within a period of six weeks from today, be released on bail, upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Complaint Case No. 1056(C) of 2023.

11. This is subject to the condition that the petitioner shall deposit a sum of Rs. 2,000/- per month in the bank account of Opposite Party No. 2, staring from 10th August, 2025.

(Anil Kumar Sinha, J) ashwani/- U T