Sado Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12544 of 2021 Arising Out of PS. Case No.-27 Year-2020 Thana- SARMERA District- Nalanda ====================================================== SADO PASWAN Son of Late Rameshwar Paswan Resident of Kazi Chak, P.S.- Sarmera, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Sarmera P.S. Case no.27 of 2020 registered under sections 304B and 34 of the Indian Penal Code.

As per allegation in the FIR, it is stated by the informant that his sister was married to the son of the petitioner in the year 2019. Soon thereafter the accused persons including the petitioner herein tortured and assaulted her for nonfulfillment of the demand of dowry to the tune of Rs.50,000/. She was thereafter, killed.

Patna High Court CR. MISC. No.12544 of 2021(2) dt.25-06-2021 2/3 It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and concocted. The petitioner is the father-in-law of the deceased but ever since the marriage of his son to the deceased has been living separately. The husband of the deceased is in custody. The petitioner who has no criminal antecedent is in custody since 5.3.2020.

The application for bail is opposed by learned APP for the State who submits that the petitioner is named in the FIR and in the postmortem report the cause of death is stated to be asphyxia caused by throttling.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the general and omnibus nature of allegations, the husband of the deceased being in custody and the petitioner having remained in custody for more than 1 year 3 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Sarmera P.S. Case no.27 of 2020 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 Chief Judicial Magistrate, Nalanda, Biharsharif.

Patna High Court CR. MISC. No.12544 of 2021(2) dt.25-06-2021 3/3 Spd/- (Partha Sarthy, J) U