Kameshwar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15253 of 2024 Arising Out of PS. Case No.-49 Year-2023 Thana- KORANSARAI District- Buxar ====================================================== Kameshwar Paswan S/o Bhuwali Paswan @ Bhuali Paswan R/o Village and P.S.- Koransarai, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304(B) and 120(B) of the Indian Penal Code.

3. It is a case of dowry death of the informant's daughter due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case because he is the husband of the deceased. There is no prior complain in respect of torture, harassment and dowry demand. It is further submitted from para-8 of this petition that the said deceased is short tempered lady and always used to talk on mobile with her matrimonial

Patna High Court CR. MISC. No.15253 of 2024(4) dt.28-06-2024 2/2 family members. From this, her husband objected for the same therefore, quarrel has been done between them due to which she committed suicide in the heat of anger. From perusal of the postmortem report, it appears that the cause of the death of the deceased is asphyxia following hanging. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 12.06.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6.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 after framing of charge if the charge is not framed in connection with Koransarai P.S. Case No. 49 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-4, Buxar.

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