Nawlesh Kumar @ Nawlesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11434 of 2023 Arising Out of PS. Case No.-501 Year-2021 Thana- JAHANABAD District- Jehanabad ====================================================== NAWLESH KUMAR @ NAWLESH PASWAN Son of Late Sanjivan paswan @ Late Sajivan Paswan R/V- Milki, P.S- Kalpa O.P Dist- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kunwar Digvijay Singh For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304B/34 of the Indian Penal Code.

As per prosecution case, the informant alleged that his sister caused death by the accused persons due to nonfulfillment of dowry demand. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the deceased and there is no prior complaint against him regarding misbehaving or torturing the deceased due to non-fulfillment of dowry demand. It is further submitted that it is a case of committal of suicide. The

Patna High Court CR. MISC. No.11434 of 2023(4) dt.20-06-2023 2/2 postmortem report which is annexed with the case diary also suggests that the cause of death of the deceased is due to Asphyxia leading to cardio-respiratory arrested as a result of hanging. He has falsely been implicated in this case. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 29.11.2021. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jehanabad (Kalpa O.P) P.S. Case No. 501 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District Judge-II, Jehanabad. (Sunil Kumar Panwar, J) Amandeep/- U T