Patna High CourtCR. MISC./16898/2024bail granted

Rajeev Paswan v. The State Of Bihar

2024-03-14Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16898 of 2024 Arising Out of PS. Case No.-599 Year-2023 Thana- GAURICHAK District- Patna ====================================================== Rajeev Paswan S/O- Sudarshan Paswan R/O- Village- Mahmada, P.S.- Gaurichak, Dist.- Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Gaurichak P.S. case No. 599 of 2023 instituted for the offences under Sections 304(B), 201 and 34 of the Indian Penal Code.

3. Prosecution allegation, in short, is that the accused persons physically assaulted and tortured and thereafter committed murder of the victim due to non-fulfilment of demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. The petitioner is not named in the F.I.R. The petitioner is cousin brother-in-law of the deceased. He is separate in mess and property from the

Patna High Court CR. MISC. No.16898 of 2024(2) dt.14-03-2024 2/2 husband of the deceased. The petitioner has got no concerned with the alleged occurrence. The husband of the deceased in custody. The petitioner is in custody since 01.11.2023 and has no criminal antecedent. Co-accused has been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 12.03.2024 passed in Cr. Misc. No. 13146 of 2024.

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, and the period of custody undergone by the petitioner and the fact that co-accused have been granted anticipatory bail by a Coordinate Bench of this Court, 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 below/concerned Court in connection with Gaurichak P.S. case No. 599 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T