Sintu Paswan @ Sintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84723 of 2024 Arising Out of PS. Case No.-59 Year-2019 Thana- MAHILA P.S. District- Nalanda ====================================================== SINTU PASWAN @ SINTU KUMAR Son of Arjun Paswan Resident of Mohalla-Mirpur, P.S-Nalanda, Bihar ... ... Petitioner/s

Versus

1 .

The State of Bihar 2.

Babli Devi Wife of Sintu Paswan @ Sintu Kumar Resident of MohallaMirpur, P.S- Nalanda , Distt.- Nalanda ,Bihar Presently Residing at VillageGajper, P.S- Deep Nagar, Distt- Nalanda , Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-03-2025 Heard learned counsels for the parties. Despite valid service of notice , nobody appears on behalf of Opposite party No. 2.

2. The petitioner apprehends his arrest in a complaint case registered for the offence punishable under Sections 323 , 341 , 504, 498A and 34 of IPC and 3 / 4 of the D. P Act. 3 . The prosecution case , in brief, is that marriage of the complainant was solemnized with this petitioner in the year 2014 and after marriage, informant went to her in-laws house . It is alleged that after marriage , all the accused persons, including this petitioner, started demanding dowry and due to non-fulfillment of demand of dowry the informant was tortured

Patna High Court CR. MISC. No.84723 of 2024(3) dt.17-03-2025 2/3 and ousted from her matrimonial house .

4. It is submitted by learned counsel for the petitioner that the petitioner is husband of informant/Opposite Party No.

2. Petitioner is innocent and has committed no offence . Petitioner never tortured the complainant or demanded any dowry. It is lastly submitted that the case is triable by the Magistrate. In this connection, learned counsel for the petitioner has relied upon the judgment of this Hon'ble Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. Petitioner claims clean antecedent.

5 . On the other hand, learned A.P.P. for the State vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, nature of accusation, clean antecedent of the petitioner and other circumstances of the case , the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.84723 of 2024(3) dt.17-03-2025 3/3 each to the satisfaction of learned CJM Bihar Sharif in connection with Mahila P S Case No. 59 of 2019, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T