Jhunni Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80068 of 2025 Arising Out of PS. Case No.-1196 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Jhunni Paswan S/O Late Sadhu Dusadh Resident of Village - Baans Tal Sabalpuur, P.S- Didarganj,Didarganj, Dist- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Kunti Devi W/O Shiv Dayal Sao Resident of Village - Baans Tal, P.SDidarganj, Dist- Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Shekhar Sharma For the Opposite Party/s :
Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 25-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Complaint Case No. 1196 of 2017 for the offence under Sections 406, 323 and 504 of the I.P.C.
3. As per the prosecution story, the informant has alleged that she entered into an agreement with Jhunni Paswan for the sale of 5 dhur of land on paying him a total of Rs. 2,00,000/- after an initial payment of Rs. 1,00,000/-, at a fixed rate of Rs. 15,00,000/- per kathha. Although Jhunni Paswan promised to have the land measured, he failed to do so, and later she discovered that he had sold the land to someone else. When
Patna High Court CR. MISC. No.80068 of 2025(2) dt.25-11-2025 2/3 she demanded her money back, Jhunni Paswan and the other accused allegedly abused, assaulted, and behaved indecently with her.
4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence as alleged in the complaint case. Petitioner has not committed any cheating and never tried to usurp the amount of Rs. 1,00,000/- which the complainant gave to this petitioner at the time of agreement. It is a matter of fact that there was marriage of petitioner's daughter and it was agreed that at the time of marriage after giving the entire money registration would be done but the complainant refused to give the rest amount.
5. Learned APP opposes the prayer for bail.
6. During the course of argument, learned counsel for the petitioner submits that petitioner is still ready to pay the amount of Rs. 1,00,000/- in four equal installments i.e. Rs. 25,000/- each installment. The first installment will be paid to the complainant at the time of furnishing bail bond and rest three installments will be paid within a period of six months and in this regard he is ready to file an affidavit before the trail court at the time of filing bail bond.
7. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.80068 of 2025(2) dt.25-11-2025 3/3 considering the bona fide intention of the petitioner, this Court is inclined to enlarge the petitioner on provisional bail. The above named petitioner is directed to be enlarged on provisional bail in connection with Complaint Case No. 1196 of 2017 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) within a period of one month from the date of receipt of copy of this order with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate First Class, Patnacity.
8. Trial Court is directed to confirm the provisional bail granted to the petitioner after verifying the deposit receipts of payment of the entire amount i.e. Rs. 1,00,000/- by the petitioner to the complainant.
9. Accordingly, the instant application stands disposed of.
(S. B. Pd. Singh, J) Ankit Kumar/- U T