Patna High CourtCR. MISC./15825/2024bail granted

Kumod Paswan v. The State Of Bihar

2024-03-13Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15825 of 2024 Arising Out of PS. Case No.-374 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== Kumod Paswan Son of Bachchu Paswan Resident of Village- Bardaha, P.S.- Saraiya, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Saraiya P.S Case No. 374 of 2022 registered for the offences punishable under Sections 304B, 34 of the I.P.C.

3. As per prosecution case, it is a case of dowry death in which petitioner along with his family members have tortured mentally and physically to the deceased for non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that petitioner is elder brother of husband

Patna High Court CR. MISC. No.15825 of 2024(2) dt.13-03-2024 2/2 of the deceased and the allegation against the petitioner is general and omnibus. It is also submitted that petitioner is in judicial custody since 10.11.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order, period of custody, postmortem report it appears cause of the death of the deceased is asphyxia as a result of antemortem hanging and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named 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 learned Additional Chief Judicial MagistrateIV, West Muzaffarpur in connection with Saraiya P.S Case No. 374 of 2022.

(Ramesh Chand Malviya, J) Mayank/- U T