Chandan Paswan @ Chandan Kumar Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31051 of 2018 Arising Out of PS. Case No.-26 Year-2018 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Chandan Paswan @ Chandan Kumar Paswan Son of Bigu Paswan Residence of Village- Samanpur Math, P.S. Kudwa Chainpur, District- East Champaran, Motihari.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Munni Devi @ Munni Kumari Wife of Chandan Paswan, D/o Bhagirath Paswan at Present residing at Mirpur, P.S. Chiraiya, District- East Champaran, Motihari.

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

For the Petitioner :

Mr. Sharda Nand Mishra, Advocate For the State :

Mr. Murlidhar, APP For opposite party No.2 :

Mr. Abhishek Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-07-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner is apprehending his arrest in a case registered under Sections 498A, 323, 307, 504 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture and assault upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.31051 of 2018(3) dt.10-07-2018 2/3 petitioner has falsely been implicated in the present case due to petty family dispute. There is no medical examiantion report in support of the allegations made in respect of offence under Section 307 of the I.P.C. Rest of the offences are triable by the Magistrate. The petitioner has 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.

On behalf of the State and learned counsel for the opposite party No.2, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sikrahna at Dhaka in connection with Kundwa Chainpur P.S. case No.26 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the

Patna High Court Cr.Misc. No.31051 of 2018(3) dt.10-07-2018 3/3 matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Sudhir Singh, J) Narendra/- U T