Kameshwar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84789 of 2024 Arising Out of PS. Case No.-238 Year-2024 Thana- KEWATI District- Darbhanga ====================================================== Kameshwar Paswan Son of Late Ramchandar Paswan Village- Chakka Lahwar, P.S.- Keoti, District- Darbhanga ... ... Petitioner
Versus
1.
The State of Bihar 2.
Ragani Devi Son of Late Kapileshwar Paswan R/O Vill.- Darima, P.S.- Kebeti, Dist.- Darbhanga.
... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Shah Nawaz Ali, Advocate For the Opposite Party/s :
Mr.Surendra Kumar, A.P.P.
Mr. Saurav Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-08-2025 Pursuant to order of this Court, the matter was referred to Mediation & Conciliation Center of Patna High Court, but the dispute between the parties could not be resolved through the process of mediation and as such, mediation failed (Report kept at flag 'M').
2. Heard learned counsel for the petitioner, the State and the opposite party no.2.
3. The petitioner, who is husband of opposite party no.2, apprehends arrest in a case registered for the offence punishable under sections 494 and 498A of the Indian Penal Code.
4. Prosecution case in brief is that opposite party no.2 was married with the petitioner in 2008 and she has two children out of the wedlock. However, in 2015 petitioner performed second marriage which was opposed by opposite party no.2. Thereafter, petitioner used to assault and torture her. Lastly, she was ousted from her matrimonial house.
Patna High Court CR. MISC. No.84789 of 2024(4) dt.13-08-2025 2/3
5. Learned counsel appearing for the petitioner, while denying the allegations, submits that the petitioner is innocent and has falsely been implicated in this case because he happens to be husband of opposite party no.2. Petitioner is ready to keep her with honour and safety. Besides this, petitioner is ready to give Rs. 3000/-per month to opposite party no.2 by way of temporary relief/solace, starting from this month, subject to any order passed in matrimonial, maintenance or connected proceedings.
6. Learned counsel for the State as well as opposite party no.2 oppose the prayer for bail. Learned counsel for opposite party no.2 submits that the petitioner, being husband of opposite party no.2, in connivance with his family members, subjected her to harassment and cruelty for non-fulfillment of demand of dowry and also ousted her to her parents' house. It is further submitted that she has no means of livelihood and is on the verge of starvation.
7. In view of the undertaking of learned counsel for the petitioner as well as condition of opposite party no.2, in the event of arrest/surrender within a period of eight weeks from today, let the petitioner, above-named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st class, Darbhanga in Keoti Police Station Case No. 238 of 2024, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:- (i) Opposite party no.2. would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner.
Patna High Court CR. MISC. No.84789 of 2024(4) dt.13-08-2025 3/3 (ii) Petitioner would deposit the aforesaid interim relief per month in the saving bank account of the opposite party no.2.
(iii) In case, petitioner fails to deposit the aforesaid amount of temporary relief/solace for two consecutive months, the court below would be at liberty to cancel the bail-bond. (iv) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.
(Prabhat Kumar Singh, J) Shashi U T