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Patna High CourtCR. MISC./4171/2024allowed

Kapil Paswan v. The State Of Bihar

2024-03-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4171 of 2024 Arising Out of PS. Case No.-447 Year-2023 Thana- GURUA District- Gaya ====================================================== Kapil Paswan S/O Late Rameshar Paswan R/O Village- Habipur, P.S- Gurua, Distt.-GAYA.

... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 304(B), 120(B)/34 of the Indian Penal Code.

It is a case of dowry death due to non fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is further submitted that petitioner is father-in-law of the deceased and he has no concern with the mess and business of the deceased as well

Patna High Court CR. MISC. No.4171 of 2024(3) dt.21-03-2024 2/2 as her husband. It is further submitted that husband of the deceased is behind bar. Moreover, the petitioner is languishing in judicial custody since 26.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Gurua P.S. Case No. 447 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Sherghati, Gaya.

(Sunil Kumar Panwar, J) Nirajkrs/- U T