Pawan Das @ Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82043 of 2023 Arising Out of PS. Case No.-681 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Pawan Das @ Pawan Kumar, Son of Manik Chand, R/O Village- Neura, P.S.- Bihta, District- Patna, Permanent R/O Hajrat Sai, P.S.- Dhanarua, DistrictPatna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rupa Devi D/O of Arjun Das R/O Mohalla- Bairiya, P.S.- Sampatchak (Gopalpur), District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Complaint Case No. 681 of 2018 for the offences registered under Sections 498A/34 of the Indian Penal Code.

3. As per the prosecution case, complainant/ O.P. No. 2 was married with the petitioner on 09.06.2014. After sometime, she was subjected to torture physically and mentally for demand of Rs. 2 lacs by the accused persons. She was ousted from her matrimonial house after snatching her valuables. They also assaulted the complainant.

Patna High Court CR. MISC. No.82043 of 2023(3) dt.23-01-2024 2/3

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Earlier petitioner had surrendered before the Court below on 13.12.2019 and he was granted bail by the learned Additional Sessions Judge 1st, Patna City on 28.02.2020 with condition to keep his wife with full dignity and he complied the said condition but the complainant herself left the house of the petitioner and on the petition of complainant his bail was cancelled and he surrendered on 01.06.2023 and since then he is in custody. In this way, altogether he has remained in custody for more than ten months. The complainant has suppressed her earlier marriage with one Jitendra Kumar. Divorce proceeding is going on between the parties in the Trial Court.

5. Learned counsel appearing on behalf of the State and learned counsel for complainant/ O.P. No. 2 oppose the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged 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 concerned Court where the case is pending in

Patna High Court CR. MISC. No.82043 of 2023(3) dt.23-01-2024 3/3 connection with Complaint Case No. 681 of 2018. (Sunil Dutta Mishra, J) rakhi/- U T