Patna High Court
Triloki Paswan vs The State Of Bihar on 9 August, 2024
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32802 of 2021
Arising Out of PS. Case No.-1587 Year-2017 Thana- WEST CHAMPARAN COMPLAINT
District- West Champaran
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1. Triloki Paswan S/o Satan Paswan, R/o Village- Adarsh Colony, Koiri Tola,
P.S.- Bettiah (Town), District- West Champaran.
2. Maina Devi W/o Triloki Paswan, R/o Village- Adarsh Colony, Koiri Tola,
P.S.- Bettiah (Town), District- West Champaran.
3. Renu Devi @ Ren Devi, W/o Banhu Paswan, D/o Triloki Paswan, R/o
Village- Adarsh Colony, Koiri Tola, P.S.- Bettiah (Town), District- West
Champaran.
4. Gona Kumari D/o Triloki Paswan, R/o Village- Adarsh Colony, Koiri Tola,
P.S.- Bettiah (Town), District- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Punam Devi W/o Viloki Paswan, R/o Village- Adarsh Colony, Koiri Tola,
P.S.- Bettiah (Town), District- West Champaran.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Dinesh Singh, APP.
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 09-08-2024
Heard Mr. Bimlesh Kumar Pandey, learned
Advocate for the petitioners and the learned APP for the State.
2.The petitioners have invoked the inherent
jurisdiction of this Court under Section 482 of the Cr.P.C.
seeking quashing of the order dated 26.02.2021 passed by the
learned Sessions Judge, Bettiah, West Champaran in Cr. Misc.
No. 24 of 2021, arising out of A.B.P. No. 1908 of 2020, in
connection with Complaint Case No. 1587 of 2017, whereby the
learned Sessions Judge has rejected the Miscellaneous petition
Patna High Court CR. MISC. No.32802 of 2021 dt.09-08-2024
2/4
filed on behalf of the petitioners to extend the time to surrender
and to furnish bail bond.
3. Shorn of unnecessary details, learned Advocate
for the petitioners contended that the Opposite Party No. 2 by
making certain allegation filed a Complaint, bearing Complaint
Case No. 1587 of 2017, against the petitioners and others. The
learned jurisdictional Court vide its order dated 20.12.2017 took
cognizance for the offences punishable under Section of 498-A
of the Indian Penal Code and Section 4 of the Dowry
Prohibition Act and issued summons accordingly.
4. The petitioners apprehending their arrest, filed
A.B.P. No. 1908 of 2020 before the learned District & Sessions
Judge, West Champaran, Bettiah. The learned District &
Sessions Judge, West Champaran, Bettiah vide his order dated
15.01.2021
accorded the Anticipatory Bail to the petitioners and
directed to furnish bail bond within one month from the date of
the order.
5. Learned Advocate for the petitioners adverting to
the aforesaid fact further contended that out of four petitioners
three petitioners are ladies and petitioner no. 1 is a Rikshaw
Puller, who is the guardian of the family, but due to the delayed
information given by the Advocates/Pairvikar, they could not
arrange the required documents and necessary expenses within
Patna High Court CR. MISC. No.32802 of 2021 dt.09-08-2024
the stipulated period and, as such, the petitioners could not
furnish the bail bond within the period of one month.
6. Faced with such circumstances, a Miscellaneous
petition has been filed for extension of time as granted in the
order dated 15.01.2021 just after ten days of the stipulated
period of surrender and to furnish bail bonds.
7. The modification application as noted
hereinabove was filed on 25.02.2021, but it came to be rejected
on 26.02.2021. The learned Sessions Judge did not consider the
grounds, which have been taken in the modification application;
thus, on being aggrieved the petitioners approached before this
Court by filing the present quashing application on 26.03.2021.
8. It is also the contention of the learned Advocate
for the petitioners that apart from indigent and destitute, the
petitioners were not aware of the stringent provisions of law,
and had never even been think for defiance of the order of the
Court and the delay was not intentional.
9. Learned Advocate for the State though initially
opposed the prayer of the petitioners, however, taking note of
the fact that the petitioners were bonafidely pursuing their
remedy for extension of time has fairly submitted that the prayer
of the petitioners is fit for consideration.
10. Having heard the submissions advanced on
Patna High Court CR. MISC. No.32802 of 2021 dt.09-08-2024
behalf of the respective parties and taking note of the fact that
the matter has arisen out of a matrimonial dispute and the
petitioners are none else, but the in-laws of Opposite Party
No.2.
11. The materials available on record shows their
bonafide that they had immediately approached before the
learned Sessions Judge and filed petition for modification of the
order for extending the period of surrender and to furnish the
bail bond, this Court finds merit in the application.
12. Accordingly the present application stands
allowed and order dated 26.02.2021 passed by the Sessions
Judge, Bettiah, West Champaran in Cr. Misc. No. 24 of 2021 is
hereby quashed.
13. The petitioners are directed to surrender and
furnish bail bond in terms of the order dated 15.01.2021 passed
in ABP No. 1908 of 2020, in connection with Complaint Case
No. 1587 of 2017, preferably within a period of four weeks
from today.
(Harish Kumar, J)
Jyoti/uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 12.08.2024
Transmission Date NA
