Mukesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72343 of 2018 Arising Out of PS. Case No.-202 Year-2014 Thana- BHAGWANPUR District- Vaishali ====================================================== Mukesh Paswan Son of Dowarik Paswan resident of Village- Khirkhauya, P.S. Bhagwanpur, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 304B, 201/34 of the Indian Penal Code. Allegation against the petitioner is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 31-07-2018. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. In course of investigation, police found the case to be false under Section 304B of the Indian

Patna High Court CR. MISC. No.72343 of 2018(6) dt.11-04-2019 2/2 Penal Code. The fact is that the victim is alleged to have eloped with one Chhathu Paswan and in respect to that, a case was also instituted vide Annexure-2 to the present application. There is no material to show that offence u/S 304B of the Indian Penal Code is made out against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 202 of 2014.

(Sudhir Singh, J) A.K.V.//- U T