Guddu Paswan @ Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18075 of 2024 Arising Out of PS. Case No.-395 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== Guddu Paswan @ Guddu Kumar Son Of Rambali Paswan R/O-Sarsa, P.S.- WAZIRGANJ, Distt.-GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Bharat Lal, 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 Wazirganj P.S. case No. 395 of 2022 instituted for the offences under Sections 304(B), 34 of the Indian Penal Code.

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

Patna High Court CR. MISC. No.18075 of 2024(2) dt.14-03-2024 2/3 General and omnibus allegation has been made against the petitioner. No specific allegation is alleged against the petitioner. The petitioner is cousin brother-in-law (bhainsur) of the deceased. He is separate in mess and property from the husband of the deceased. The husband of the deceased in custody. It is further submitted that no prior complaint in respect of torture and dowry demand was made from the deceased. The petitioner is in custody since 28.08.2023 and has no criminal antecedent. Co-accused have been granted bail by a Coordinate Bench of this Court vide order dated 24.02.2023 passed in Cr. Misc. No. 67622 of 2022 (Annexure-3 to the present application).

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, the period of custody undergone by the petitioner and the claim based on parity, 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

Patna High Court CR. MISC. No.18075 of 2024(2) dt.14-03-2024 3/3 Court below/concerned Court in connection with Wazirganj P.S. case No. 395 of 2022.

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