Bhuwali Paswan @ Ajeet Paswan @ Ajit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23865 of 2024 Arising Out of PS. Case No.-1331 Year-2022 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== Bhuwali Paswan @ Ajeet Paswan @ Ajit Son of Chhotelal Paswan Resident of Village- Ugrasenpur, P.S. Dubahar, District- Balia (U.P.) ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Rajendra Paswan Son of Late Shivyogi Paswan Resident of Village- Simari Bakulahapatti, P.S. Simari, District- Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satyapal Singh, Adv.

For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner are apprehending his arrest in a case in connection with Complaint Case No. 1331(C)/2022 dated 22.12.2022 registered for the offences punishable u/ss 120B, 323, 324, 498A, 304B read with section 34 of the Indian Penal Code and u/ss 3/4 of the Domestic Violence Act but the cognizance has been taken u/ss 323, 498A/34 of the IPC and 3⁄4 of the D.P. Act.

3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have tortured the Complainant's daughter mentally and physically due to non-fulfillment of demand of dowry. It is further alleged that the Complainant's daughter died due to prolonged torture, starvation and lack of treatment resulting in anemia.

Patna High Court CR. MISC. No.23865 of 2024(2) dt.20-03-2024 2/2

4. Learned counsel for the petitioners has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. It is further alleged that the petitioner is the brother-in-law(Bhaisur) of the deceased. Learned counsel has further submitted that the petitioner neither demanded any dowry nor tortured the Complainant's daughter. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned court concerned, Buxar in connection with Complaint Case No. 1331(C) of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T