Suraj Paswan @ Suraj Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1016 of 2025 Arising Out of PS. Case No.-11 Year-2023 Thana- TIKAPATTI District- Purnia ====================================================== Suraj Paswan @ Suraj Kumar Paswan Son of Lalu Paswan Resident of Village -Nayanand Gola PS Tikapatti, Dist- Purnia ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhola Prasad, Advocate For the Opposite Party/s :
Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 01-07-2025 Heard the learned counsel appearing on behalf of the petitioner and the learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 304(B), 201 and 34 of the I.P.C.
3. As per the prosecution case, the marriage of the sister of the informant was solemnized with the petitioner namely, Suraj Paswan in the year 2021. It is further alleged that on 29.01.2023 the informant came to know that his sister had been murdered by hanging and petitioner and his family members were involved in such incident.
4. The learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case merely because he happens to be the husband of the deceased Priti
2/4 Devi. It has further been submitted that the allegations of demand of dowry has not been proved from any cogent material during the course of investigation and from the perusal of the post-mortem report, it would suffice that the cause of death was found to be asphyxia and shock due to pressure and compression of neck by ligature (hanging). The learned counsel submits that from perusal of the same, it would be evident that the wife of the petitioner had committed suicide and the allegations levelled are false. It has lastly been submitted that the petitioner has no criminal antecedent and he is in custody since 03.02.2023.
5. The learned A.P.P. has vehemently opposed the prayer for bail.
6. This Court had earlier called for the stage of trial and it has been informed that the charges were framed on 07.10.2023 against the petitioner and summons were issued to the witnesses for evidence on 11.10.2023 and subsequently, the Superintendent of Police, Purnia was also issued direction to produce the witnesses, however, till date no witnesses have been produced by the prosecution.
7. Considering the aforesaid submissions and taking into account that the petitioner is in custody since 03.02.2023
3/4 and from the report sent by the learned trial court, it is evident that that the trial has not yet started, in view of the same, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with S.T. No. 438 of 2023 arising out of Tikapatti P.S. Case No. 11 of 2023, subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative and the other shall be local resident. (ii) The petitioner shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(iv) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be
4/4 delayed for purpose of or in the name of verification. (Sourendra Pandey, J) Raj Ranjan/- U T