Sonu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31789 of 2021 Arising Out of PS. Case No.-1227 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== SONU PASWAN, aged about 23 years, Male, S/o Ashok Paswan, R/o villageBhagawatipur, P.S.- Ahiyapur, District- Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Satyam Shivam Sundaram, Advocate.

For the Opposite Party :

Mr. Tapeshwar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-07-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned A.P.P. for the State through Virtual mode.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 304(B) and 201/34 of the I.P.C.

The prosecution story, in brief, is that the petitioner and others killed the victim due to non-fulfilment of demand of dowry.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. He has falsely been implicated in the present case. There is no

Patna High Court CR. MISC. No.31789 of 2021(2) dt.16-07-2021 2/3 allegation of tampering with the witnesses alleged against the petitioner. The present case has been instituted for an offence under Section 304(B) of the I.P.C. Subsequently, in course of investigation, so-called deceased is said to have been recovered and her statement under Section 164 Cr. P.C. has been recorded. Apparently, it appears that a false case has been instituted by the informant for an offence under Section 304(B) of the I.P.C. It has further been submitted on behalf of the petitioner that for an ulterior motive, the present case has been instituted against the petitioner and his family members.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of the learned J.M. Ist Class, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 1227/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) only

Patna High Court CR. MISC. No.31789 of 2021(2) dt.16-07-2021 3/3 with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

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