Patna High CourtCR. MISC./12985/2024bail granted

Ashok Paswan v. The State Of Bihar

2024-03-04Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12985 of 2024 Arising Out of PS. Case No.-101 Year-2023 Thana- DHANGAI District- Gaya ====================================================== Ashok Paswan Son of Ramashish Paswan Resident of Village- Pararia, P.S.- Dhangai, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Dhangai P.S. case No. 101 of 2023 instituted for the offences under Sections 302/304B/201 of the Indian Penal Code.

3. Prosecution case, in short, is that on 02.09.2023 at about 7:00 AM, he got telephonic information from villagers that his sister-in-law has been killed and her dead body has been burned. It is further alleged that the petitioner and his family

Patna High Court CR. MISC. No.12985 of 2024(2) dt.04-03-2024 2/3 members used to torture the deceased physically and mentally due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case. Petitioner is the brother-in-law of the deceased. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that the husband of the deceased is already in custody. Charge-sheet has already been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.09.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent, no direct allegation as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.12985 of 2024(2) dt.04-03-2024 3/3 below/concerned Court in connection with Dhangai P.S. case No. 101 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T