Ashok Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11193 of 2022 Arising Out of PS. Case No.-166 Year-2021 Thana- MOKAMAH District- Patna ====================================================== Ashok Paswan, Son Of Late Garib Paswan R/O Village- Kanahai Pur, P.S.- Mokama, District- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Anil Chandra For the Opposite Party/s :

Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 302, 201, 120(B)/ 34 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that his daughter was married with Sujit Paswan in the Year 2011 and out of the wedlock two children were born. It is next alleged that after marriage, the accused persons used to torture her daughter on account of which, she left her matrimonial home and came to her parental home, but on the very next day, she went back. It is next alleged that on 30.06.2021, Sujit Paswan called the informant and informed

Patna High Court CR. MISC. No.11193 of 2022(2) dt.12-09-2022 2/3 him that the deceased along with her children went to the house of his sister and when informant reached the place of occurrence, he found the dead body of his daughter and grand children lying at the bank of river Ganga.

The learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the marriage had taken place in the Year 2011 and the F.I.R. came to be instituted in the Year 2021 i.e. 10 years after the marriage and in between these 10 years, no such complaints were made which prima facie demonstrates that the relationship between the husband and the wife was not strained. It is next submitted that petitioner is the father-in-law and the husband of the deceased is in custody. The learned counsel next submits that the death was on account of drowning as come in the post mortem.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.

Patna High Court CR. MISC. No.11193 of 2022(2) dt.12-09-2022 3/3 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Mokama P. S. Case No.166 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T