Allowed

Jairam Paswan v. State Of Bihar and Anr.

Patna HC24 Aug 2015CR. MISC./13885/2015

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner, husband of the complainant, in a complaint case alleging torture for non-fulfillment of dowry and performing a second marriage, subject to conditions including an undertaking to resume conjugal life if applied for by the complainant.

What did the court decide?

Released on anticipatory bail for twelve weeks on furnishing a bail bond with two sureties, subject to undertaking conditions.

Jairam Paswan Vs State Of Bihar and Anr. — Dowry and Cruelty | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13885 of 2015

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Arising Out of PS.Case No. -1119 Year- 2012 Thana -GAYA COMPLAINT CASE District- GAYA ====================================================== Jairam Paswan S/O Rambali Paswan, R/O Pradeep Nagar, P.S.- Magadh University, District- Gaya .... .... Petitioner/s Versus 1. The State of Bihar 2. Sumanti Devi D/O Rameshwar Paswan, R/o Pradip Nagar, P.S.Magadh Vishwavidyalaya, Bodh Gaya, District- Gaya .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rina Sinha For the Opposite Party/s : Mr. A.M.P. Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 24-08-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 498A, 494 of the Indian Penal Code and 3/4 of Dowry Prohibition Act. The accusation is of torture for non-fulfillment of the dowry demand and performing second marriage. The notices were issued to opposite party no.2complainant vide order dated 03.04.2015. The office note dated

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Patna High Court Cr.Misc. No.13885 of 2015 (4) dt.24-08-2015

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12.08.2015 reflects that opposite party no. 2 refused to accept the service, hence, it was treated deemed valid service vide order dated 13.08.2015. None is appearing on behalf of opposite party no. 2.

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It is submitted by learned counsel for the petitioner that the petitioner has not performed second marriage, though, the statement to that effect has not been made in the petition. The petitioner filed Matrimonial Suit No. 161 of 2012 for restitution of conjugal rites and petitioner is still ready to keep the complainant as wife with full dignity and honour. Statement to that effect has been made in paragraph no. 12 of the petition, which reads as follows:- “That, in spite of all these things the petitioner is ready to keep his wife with full dignity and love.”

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Considering the above stand of the petitioner, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Gaya in connection with Complaint Case No. 1119 of 2012, subject to the conditions as

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Patna High Court Cr.Misc. No.13885 of 2015 (4) dt.24-08-2015

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laid down under Section 438(2) of the Cr.P.C.

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The grant of bail will not preclude the complainant to resume conjugal life. If such application is filed by the complainant then the petitioner will be obliged to comply the undertaking give before this Court.

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(Dinesh Kumar Singh, J.)

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DKS/

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U T

Jairam Paswan v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Jairam Paswan v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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