Manoj Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 10554 of 2024 Arising Out of PS. Case No.-198 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== Manoj Paswan S/o- Aklu Paswan Village- Methanpur Ps- Meenapur DistMuzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr Ajay Mukherjee, Advocate For the Opposite Party/s :
Mr Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR JUSTICE RAJIV ROY ORAL ORDER 26-04-2024 Heard Mr Ajay Mukherjee, learned counsel for the petitioner and the learned APP for the State. 2 The petitioner is in custody in this case in connection with Minapur PS Case No 198 of 2020 instituted under Sections 302/34 of the Indian Penal Code. 3 As per the prosecution story, the informant alleged that his daughter was married to this petitioner 15 years ago, blessed with three children but was tortured for dowry and, on 01.06.2022, got information that she has been killed. Accordingly, the FIR.
4 In this case, case diary was called for by a coordinate Bench of this Court on 21.02.2024 and the same is on record.
Patna High Court CR. MISC. No.10554 of 2024(3) dt.26-04-2024 2/3 5 Learned counsel appearing on behalf of the petitioner has taken this Court to paragraphs 18, 19, 20 of the case diary in which it has been incorporated that there was small fight between the couple on some issue whereafter the petitioner went for his work, however, the lady being aggrieved, chose to commit suicide.
6 Learned APP has also gone through the aforesaid paragraphs of the case diary and has accepted that the witnesses, who reside nearby, have narrated the same story. 7 Taking into account the facts that though the petitioner is husband but he is in custody since 08.10.2023 as incorporated in the order of the learned Sessions Judge, petitioner living in joint family, the FIR lodged, petitioner will be facing trial, FIR lodged belatedly, this Court is inclined to extend him the privilege of bail.
8 Let the petitioner above named be released on bail, on his furnishing bonds of Rs l0,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Minapur PS Case No 198 of 2020 as also the following conditions:
(i) One of the bailors should be the family member of the petitioner who shall
Patna High Court CR. MISC. No.10554 of 2024(3) dt.26-04-2024 3/3 provide official document to show his/her bona fide;
(ii) The petitioner shall appear on each and every date before the trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the trial Court itself.
(iii) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) M.E.H./- U T