Allowed¶22

Mithilesh Paswan v. The State of Bihar

Patna HC8 May 2024CR. MISC./24538/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438(2) Cr.P.C.; Sections 323, 498(A), 34 IPC; Section 4 D.P. Act; CRIMINAL MISCELLANEOUS No.24538 of 2024; Complaint Case No.1518(C) of 2019; PS Case No.-1518 Year-2019 Patna Complaint Case; Naubatpur/Bihta, Patna; false implication; general omnibus ornamental allegations against family members; Devar; surrender within six weeks; bail bonds Rs.10,000/-; Satyavrat Verma J; Patna High Court.

What did the court decide?

Prayer for anticipatory bail granted to all three petitioners: on arrest or surrender before the learned Court below within six weeks, release on anticipatory bail on bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C. ¶22

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, who apprehend their arrest in the case registered under Sections 323, 498(A) and 34 of the Indian Penal Code and Section 4 of the D.P. Act (Complaint Case No.1518(C) of 2019), should be released on anticipatory bail.

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Ratio / Principle

Considering the submissions made by the learned counsel for the petitioners, the Court ordered that the petitioners, in the event of their arrest or surrender before the learned Court below within six weeks, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending.

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Key takeaways

The grant of anticipatory bail is made subject to the conditions laid down under Section 438(2) of the Cr.P.C.ratio¶22

Detailed headnote1 paragraphs

Anticipatory bail granted (oral order dated 08-05-2024, Patna High Court, Satyavrat Verma J) to Mithilesh Paswan, Meena Devi and Mukesh Kumar, who apprehend arrest in Complaint Case No.1518(C) of 2019 (PS Case No.-1518/2019, Patna Complaint Case) for offences punishable under Sections 323, 498(A) and 34 of the Indian Penal Code and Section 4 of the D.P. Act. Counsel identified the petitioners as the complainant's mother-in-law, father-in-law and brother-in-law (Devar), persons of clean antecedent falsely implicated, submitting that whenever disputes arise between husband and wife, entire family members are implicated mechanically with general, omnibus and ornamental allegations; the complainant's husband had himself applied for anticipatory bail before the learned District Court, and the A.P.P. for the State opposed the prayer. Held: on arrest or surrender before the learned Court below within six weeks, the petitioners to be released on anticipatory bail on bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each, subject to the conditions under Section 438(2) of the Cr.P.C.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24538 of 2024

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Arising Out of PS. Case No.-1518 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna

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

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Mithilesh Paswan Son Of Late Ram Gulam Paswan Village -RAMVARAN Chatni Ps -NAUBATPUR District- Patna

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Meena Devi Wife Of Mithilesh Paswan Village -RAMVARAN Chatni Ps -NAUBATPUR District- Patna

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Mukesh Kumar Son Of Mithilesh Paswan Village -RAMVARAN Chatni Ps -NAUBATPUR District- Patna

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... ... Petitioner/s

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Versus

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The State of Bihar

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Neha Kumari Wife Of Dipak Kumar Village -ramvaran Chatni Ps -naubatpur District- Patna P/A- Village And Po- Bahpura, Ps- Bihta, Dist- Patna

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ashok Sinha For the Opposite Party/s : Mr. Ravindra Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 08-05-2024

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Heard learned counsel for the petitioners and learned

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A.P.P. for the State Mr. Ravindra Kumar.

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The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 323, 498(A) and 34 of the Indian Penal Code and Section 4 of the D.P. Act.

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Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the complainant. It is next submitted that the petitioners are mother-in-law, father-in-law and brother-inlaw (Devar) of the complainant. It is next submitted that whenever any dispute arises in between the husband and the wife, the entire

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Patna High Court CR. MISC. No.24538 of 2024(2) dt.08-05-2024 2/2

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family members are implicated in a mechanical manner with general, omnibus and ornamental allegation. It is further submitted that the husband of the complainant has also filed an application seeking anticipatory bail before the learned District Court. It is next submitted that even the husband of the complainant is availing his remedies available in law.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Complaint Case No.1518© of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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(Satyavrat Verma, J)

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amit/-

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U T

Mithilesh Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mithilesh Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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