Rambhu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1535 of 2023 Arising Out of PS. Case No.-203 Year-2016 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== RAMBHU PASWAN SON OF ASHARFI PASWAN Resident of villageKarimnagar, P.S.- Mohiuddin Nagar, District- Samastipur. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sulekha Devi Wife Of Rambhu Paswan Resident of village- Karimnagar, P.S.- Mohiuddin Nagar, District- Samastipur. Present address D/o Ganga Sagar Paswan, Resident of Village- Parh, P.S.- Dalsing Sarai, DistrictSamastipur. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Amit Kumar, Advocate For the State :
Mr. Dilip Kumar No.1, APP For the O.P. No.2 : Mr. Lakshmindra Kumar Yadav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the opposite party no.2.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
3. The petitioner in association of other co-accused is said to have abused and assaulted the complainant and after snatching all the things given by her father ousted her from matrimonial home on non-fulfillment of demand of dowry.
4. It is submitted by learned counsel for the petitioner that
Patna High Court CR. MISC. No.1535 of 2023(8) dt.11-09-2023 2/3 no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has one criminal antecedent as mentioned in para-3 of this application.
5. By order dated 31.07.2023, a direction was given to Mr. Dilip Kumar No.1, learned APP for the State, to file an affidavit, after seeking a report from the concerned Superintendent of Police, that where the opposite party no.2 is residing.
6. In compliance thereof, today a counter affidavit has been filed in which, inter alia, it is stated that opposite party no.2 is living in her husband's house with her children.
7. Having regard to the facts and circumstances of the case as well as the fact that opposite party no.2 is living in her husband's house with her children, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with
Patna High Court CR. MISC. No.1535 of 2023(8) dt.11-09-2023 3/3 Complaint Case No. 203 of 2016, T.R. No.760 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) Trivedi/- U T