Allowed¶19

Ram Babu Paswan v. The State of Bihar

Patna HC1 Jul 2024CR. MISC./16311/2024

Case brief

AI extract

What is this about?

Patna High Court, CR. MISC. No.16311 of 2024, decided 01-07-2024 by Satyavrat Verma, J.; anticipatory bail in matrimonial complaint case (Complaint Case No.145/2017, Madhubani) under Sections 341, 323, 498(A), 379, 504, 506 IPC; husband vs wife; complainant absent despite notice, alleged second marriage; bail bond Rs.10,000 with two sureties; conditions under Section 438(2) CrPC; liberty reserved to complainant to seek cancellation of anticipatory bail.

What did the court decide?

Anticipatory bail granted to the petitioner: release upon arrest or surrender within six weeks on bail bonds of Rs.10,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions; liberty reserved to O.P. No.2 to seek cancellation of bail if she has not performed her second marriage. ¶19

Ram Babu Paswan Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16311 of 2024

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Arising Out of PS. Case No.-145 Year-2017 Thana- MADHUBANI COMPLAINT CASE District- Madhubani

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======================================================

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Ram Babu Paswan son of Budha Paswan village- Debhari Ps- Pandaul DistMadhubani

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... ... Petitioner/s

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Versus

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The State of Bihar

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Pinki Devi W/o Ram Babu Paswan D/o Hari Paswan, R/o vill.- Sajhwar, P.S. Bahera, Dist.-Darbhanga.

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Jha For the Opposite Party/s : Mr. Ravindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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4 01-07-2024

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 498(A), 379, 504 and 506 of the Indian Penal Code.

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Learned counsel for the petitioner submits that a jointness application has been filed, as the notice on behalf of the O.P. No.2 was received by her brother. Since jointness application has been filed, as such, the notice is deemed to have been validly served.

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The learned counsel for the petitioner submits that petitioner being the husband has been falsely implicated in the

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Patna High Court CR. MISC. No.16311 of 2024(4) dt.01-07-2024 2/3

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instant case. It is also submitted that O.P. No.2 despite receiving notice, chooses not to appear and contest. It is next submitted that O.P. No.2 has performed her second marriage and this perhaps explain why she is not interested in pursuing the case.

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Learned A.P.P. Mr. Ravindra Kumar opposes the prayer for anticipatory bail of the petitioner and submits that it is a mere submission of the learned counsel appearing on behalf of the petitioner that O.P. No.2 has performed her second marriage.

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Be that as it may, considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No.145/2017, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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However, the O.P. No.2 shall be at liberty to file an application seeking cancellation of the anticipatory bail granted to the petitioner, in the event if she has not performed her

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Patna High Court CR. MISC. No.16311 of 2024(4) dt.01-07-2024 3/3

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second marriage.

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(Satyavrat Verma, J)

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amit/-

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U T

Ram Babu Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ram Babu Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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