Ashok Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89985 of 2024 Arising Out of PS. Case No.-95 Year-2024 Thana- COMPLAINT CASE - JHANJHARPUR District- Madhubani ====================================================== Ashok Kumar Paswan S/o Ram Ratan Paswan R/o Village- Lakshminiya, P.S.- Ladania, District- Madhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Baleshwar Kamat, Adv.

For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-01-2025 Heard learned counsel for the petitioner, Mr. Umeshanand Pandit, learned A.P.P. for the State and learned counsel for the complainant.

2. The petitioner, who is husband of opposite party no. 2, apprehends his arrest in a complaint case punishable for the offences under Section 498(A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. Petitioner is alleged to have committed torture and harassment with opposite party no. 2 for dowry.

4. Learned counsel for the petitioner submits that petitioner denies the allegation made in the complaint petition and submits that he never committed torture to opposite party no. 2 or demanded dowry. However, the petitioner undertakes

Patna High Court CR. MISC. No.89985 of 2024(2) dt.30-01-2025 2/3 to give Rs. 3,000/-per month by way of temporary relief/solace, starting from this month, to the opposite party no.2.

5. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give temporary relief/solace of Rs. 3,000/- (Rupees three thousand) per month to the opposite party no. 2, 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 each to the satisfaction of learned S.D.J.M., Jhanjharpur, District - Madhubani in connection with Complaint Case No. 95 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:- "(1) Opposite party no. 2 would file an affidavit before the court below and bring on record her savings bank account number for its communication to the petitioner.

(2) Petitioner would deposit the aforesaid amount per month in the savings bank account of the opposite party no. 2.

(3) In case, the petitioner fails to deposit the aforesaid amount for two consecutive months, the court below would be at liberty to cancel the bail-bond.

Patna High Court CR. MISC. No.89985 of 2024(2) dt.30-01-2025 3/3

(4) 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) anay U T