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2025 DAILYLAW 68768 (PAT)

Krishna Kumar @ Krishna Paswan v. The State of Bihar

CR. MISC./64264/2024 · 2025-02-28

S B P Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.64264 of 2024 Arising Out of PS. Case No.-2602 Year-2022 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Krishna Kumar @ Krishna Paswan son of Fagu Paswan village- Goda Semra, Ps- Majhauliya, Dist- west champaran ... ... Petitioner/s Versus 1. The State of Bihar 2. Nisha Devi wife of Krishna Paswan village- Goda Semra, Ps- Majhauliya, Dist- west champaran ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rishabh Mishra, Advocate For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 5 28-02-2025 In pursuance to the order dated 04.02.2025, both parties with their respective lawyers are present in Chamber for conciliation. 2. The petitioner is apprehending his arrest in connection with Bettiah, West Champaran, Complaint Case No. 2602C of 2022 for the offence under Sections 341, 323, 498A of the I.P.C. and Section 3/4 of the Dowry Prohibition Act. 3. As per the prosecution story, the complainant has alleged that her marriage was solemnized with the petitioner on 18.04.2022 according to Hindu rituals. After one month of marriage, her husband started assaulting and torturing for demand of one Hero Honda motorcycle but the complainant did Patna High Court CR. MISC. No.64264 of 2024(5) dt.28-02-2025 2/3 not do so. It is further alleged that the petitioner has threatened the complainant to burn her in his house. Thereafter, it is also alleged that after snatching all her belongings, she was driven out from her matrimonial house. 4. Learned counsel for the petitioner submits that the petitioner has not committed the offence as alleged by the complainant in the complaint case and he has falsely been implicated in the present case due to some hidden and ulterior motive and malice intention. The petitioner is currently working as a compounder and the relationship between petitioner and complainant can be reviewed after passage of time and intervention of well wishers and no useful purpose will be served by sending the petitioner in jail. After marriage the complainant started fighting with her in laws as she refused to eat the meals prepared in the home, and she was torturing her fater-in-law . Learned counsel further submits that the family of the petitioner was not able to fulfill the lifestyle asked by the complainant. Lastly, he submits that the petitioner is ready to pay Rs. 3,000/- (Three Thousand) per month as maintenance to his wife. 5. Learned APP opposes the prayer for bail. 6. Keeping in view the aforesaid facts and Patna High Court CR. MISC. No.64264 of 2024(5) dt.28-02-2025 3/3 submissions made on behalf of the petitioner that is ready to pay Rs. 3,000/- (Three Thousand) to her wife as maintenance, which prima facie shows the bona fide conduct of the petitioner, this Court is inclined to extend him the privilege of anticipatory bail. 7. The petitioner is directed to pay aforesaid amount by the 10th of each month and the same will be adjusted in future with reference to one time settlement between the parties. 8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned S.D.J.M., Bettiah, West Champaran , in connection with Complaint Case No. 2602C of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Ankit Kumar/- (S. B. Pd. Singh, J) U T