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Shamresh Paswan @ Shamresh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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Patna HC
2024
Shamresh Paswan @ Shamresh Vs The State of BiharShamresh Paswan @ Shamresh v. The State of Bihar

Dismissed¶¶24

Shamresh Paswan @ Shamresh v. The State of Bihar

Patna HC18 Nov 2024CR. MISC./17976/2023

Case brief

AI extract

What is this about?

Patna High Court; Criminal Miscellaneous No. 17976 of 2023 (CR. MISC.), arising out of PS Case No. 75 of 2022, Rohtas Complaint Case, District Rohtas; Shamresh Paswan @ Shamresh (petitioner) v. The State of Bihar and Meera Devi (O.P. No. 2); anticipatory bail rejected and application dismissed on 18-11-2024 by Justice Anjani Kumar Sharan; offences alleged under Sections 498(A), 323 IPC and Sections 3/4 of the D.P. Act; grounds urged by petitioner included false implication, lack of specific allegation, eight-day delay in lodging complaint (occurrence 10.02.2022-15.02.2022; complaint filed 23.02.2022) and claimant leaving sasural voluntarily; State APP and O.P. No. 2's counsel opposed bail; no case-law precedent relied upon.

What did the court decide?

Considering the aforesaid facts and circumstances and the nature of allegation, the Court was not inclined to enlarge the petitioner on bail.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the petitioner, who is apprehending arrest in connection with Complaint Case No. 75 of 2022 (registered for offences under Sections 498(A) and 323 IPC and Sections 3/4 of the D.P. Act), should be enlarged on anticipatory bail.

Court's answer

Considering the aforesaid facts and circumstances and the nature of allegation, the Court was not inclined to enlarge the petitioner on bail.

Ratio / Principle

The prayer for grant of anticipatory bail on behalf of the petitioner was rejected.

Detailed headnote1 paragraphs

Anticipatory bail — refused; application dismissed. The petitioner (husband of O.P. No. 2), named in Rohtas Complaint Case No. 75 of 2022 (PS Case No. 75 of 2022) for offences punishable under Sections 498(A) and 323 IPC and Sections 3/4 of the D.P. Act, sought pre-arrest bail, pleading innocence, absence of any specific allegation against him, that O.P. No. 2 left the matrimonial home of her own choice, absence of criminal antecedent, and an alleged eight-day delay in filing the complaint (date of occurrence stated as 10.02.2022 to 15.02.2022; complaint filed on 23.02.2022). The learned APP and counsel for O.P. No. 2 opposed the prayer. Considering the facts, circumstances and the nature of allegation — dowry demand, torture and ouster of the complainant — the Court (Anjani Kumar Sharan, J) was 'not inclined to enlarge the petitioner on bail', rejected the anticipatory bail prayer, and dismissed the Criminal Miscellaneous application by order dated 18-11-2024. No precedent is cited or discussed in the order.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17976 of 2023

Arising Out of PS. Case No.-75 Year-2022 Thana- ROHTAS COMPLAINT CASE DistrictRohtas

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

SHAMRESH PASWAN @ SHAMRESH Son of Ramchandra Paswan @ Gugli Paswan R/V- Pahleja, P.S- Dehri On Sone, Dist- Rohtas at Sasaram

... ... Petitioner/s

Versus

The State of Bihar

Meera Devi Wife of Shamresh Paswan , Daughter of Ramdhari paswan present R/V- Samhuta, P.O- Samhuta, P.S- Sanjhauli Dist- Rohtas at Sasaram

... ... Opposite Party/s

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

Appearance : For the Petitioner/s : Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party/s : Mr. Pronoti Singh, APP For the O.P. No. 2 : Mr. Deepak Kumar, Advocate Mrs. Pragya Singh, Advocate

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

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

4 18-11-2024

Heard learned counsel for the petitioner and learned APP

for the State and learned counsel for O.P. No. 2.

Petitioner is apprehending his arrest in connection with Complaint Case No.75 of 2022, registered for the offence punishable u/s 498(A), 323 of IPC and 3/4 of D.P. Act.

Allegedly, the petitioner along with other co-accused persons demanded dowry from O.P. No.2. Due to nonfulfillment of demand of dowry, the petitioner tortured and ousted her from the matrimonial home in association of his family members after snatching all her belongings.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.17976 of 2023(4) dt.18-11-2024 2/2

petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case. There is no specific allegation against the petitioner. It is submitted that the date of occurrence is from 10.02.2022 to 15.02.2022 but Complaint case was filed on 23.02.2022 i.e after delay of eight days without any explanation of the inordinate delay. Petitioner has neither demanded any dowry nor ousted her from his matrimonial house. O.P. No. 2 herself left her sasural house by her own choice. Petitioner has no criminal antecedent.

Learned APP for the State and learned counsel for the O.P. No. 2 have opposed the prayer for bail

Considering the aforesaid facts and circumstances and the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

This application is accordingly dismissed.

(Anjani Kumar Sharan, J)

priyanka/-

U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, who is apprehending arrest in connection with Complaint Case No. 75 of 2022 (registered for offences under Sections 498(A) and 323 IPC and Sections 3/4 of the D.P. Act), should be enlarged on anticipatory bail.¶¶17
The court held
Considering the aforesaid facts and circumstances and the nature of allegation, the Court was not inclined to enlarge the petitioner on bail.ratio¶¶23

Statutes considered

3 provisions across 2 enactments

AI extract

IPC498(A)¶¶17 323¶¶17
D.P. Act3, 4¶¶17

Procedural history

How this case reached the court

AI extract

Prior proceeding
Complaint Case No. 75 of 2022 (PS Case No. 75 of 2022, Rohtas district) registered against the petitioner for offences punishable under Sections 498(A) and 323 IPC and Sections 3/4 of the D.P. Act; petitioner filed the present application apprehending arrest.¶¶17
Prior proceeding
Alleged facts in the complaint: the petitioner, along with other co-accused persons, demanded dowry from O.P. No. 2 and, upon non-fulfilment, tortured and ousted her from the matrimonial home in association with his family members after snatching her belongings.¶¶18
Prior proceeding
Learned APP for the State and learned counsel for O.P. No. 2 opposed the prayer for bail.¶¶22

Parties & counsel

AI extract

petitioner
Shamresh Paswan @ Shamresh, son of Ramchandra Paswan @ Gugli Paswan¶¶4
Raghunandan Kumar Singh
respondent
The State of Bihar¶¶7
Pronoti Singh
respondent
Meera Devi, wife of Shamresh Paswan, daughter of Ramdhari Paswan¶¶8
Deepak Kumar, Pragya Singh

Coram

AI extract

Anjani Kumar Sharanauthor¶¶13

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 18 Nov 2024 · November
Registered: 20 Mar 2023
Case no.: CR. MISC./17976/2023
CNR: BRHC010228182023
Bench: Anjani Kumar Sharan
Disposal: DISMISSED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Shamresh Paswan @ Shamresh v. The State of Bihar, CR. MISC./17976/2023 (PAT), decided on 18 November 2024.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

IPC498(A) · 323
D.P. Act3, 4

View all statutes

Procedural history3

Complaint Case No. 75 of 2022 (PS Case No. 75 of 2022, Rohtas district) registered against the petitioner for offences punishable under Sections 498(A) and 323 IPC and Sections 3/4 of the D.P. Act; petitioner filed the present application apprehending arrest.
Alleged facts in the complaint: the petitioner, along with other co-accused persons, demanded dowry from O.P. No. 2 and, upon non-fulfilment, tortured and ousted her from the matrimonial home in association with his family members after snatching her belongings.

View full history

Bench / Coram

Anjani Kumar Sharan

Parties & counsel