Kuldeep Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73630 of 2019 Arising Out of PS. Case No.-948 Year-2012 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== KULDEEP PASWAN Son of Rambriksh Paswan, Resident of VillageBishanpur, P.S.- Bankey Bazar, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sushma Devi Wife of Kuldeep Paswan, Daughter of Shivnath Paswan Resident of Village- Bishanpur, P.S.- Bankey Bazar, District- Gaya. At Present residing at Village- Rati Bigha, P.S.- Bodhgaya, District- Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sushant Praveer For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned counsel for the complainant.

The petitioner apprehends his arrest in connection with Complaint Case No. 948 of 2012 registered for offence punishable under sections 498A/323 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act. As per allegation, the marriage of the complainant was solemnized with the petitioner in the year 2008. The

Patna High Court CR. MISC. No.73630 of 2019(9) dt.12-09-2022 2/3 petitioner and co-accused Ganesh Paswan demanded a motor cycle in dowry and due to non-fulfillment of the demand, the accused persons tortured her.

The learned counsel for the petitioner has submitted that the petitioner is husband of opposite party no. 2. In order to explore the possibility of amicable solution of the dispute, the matter was referred to the District Mediation Centre, but the complainant did not appear before the District Mediation Centre, which is evident with report of the learned Mediator dated 07.03.2022.

It appears that the anticipatory bail petition of the petitioner was rejected in the year 2017 and again it was rejected in the year 2019 by the impugned order. The petitioner, despite the fact that his anticipatory bail petition was rejected in the year 2017, did not appear before the court below and the matter has lingered for a considerable long duration due to nonappearance of the petitioner. As such, the petitioner is directed to appear before the court before and make a prayer for regular bail.

With these observations, this criminal miscellaneous petition is being disposed of.

Office shall ensure that all defects are removed by the

Patna High Court CR. MISC. No.73630 of 2019(9) dt.12-09-2022 3/3 petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T