Patna High CourtCR. MISC./10940/2023allowed

Santosh Paswan v. The State Of Bihar

2023-06-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10940 of 2023 Arising Out of PS. Case No.-192 Year-2021 Thana- KHAJAULI District- Madhubani ====================================================== Santosh Paswan S/O Laxmi Paswan R/O Village- Maniyarwa, Ward No. 7, P.S.- Khajauli, Distt- Madhubani.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Prabhakar Thakur For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-06-2023 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, 302 and 34 of the Indian Penal Code.

As per FIR, the allegation against the accused persons including this petitioner is that they committed murder of the informant's sister due to non-fulfillment of dowry demand.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is the husband of the deceased due to which he has falsely been implicated in this case. There is no prior complaint of torture and misbehave attributed against the

Patna High Court CR. MISC. No.10940 of 2023(4) dt.22-06-2023 2/2 petitioner rather the deceased was suffering from different types of illness and due to which she committed suicide and as per postmortem report, wherein doctor opined cause of death is asphyxia caused by hanging. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 14.01.2022. 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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Khajauli P.S. Case No. 192 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 Sessions Judge, Madhubani.

(Sunil Kumar Panwar, J) Manishkumar/- U T