Amit Paswan @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25159 of 2025 Arising Out of PS. Case No.-599 Year-2023 Thana- GAURICHAK District- Patna ====================================================== Amit Paswan @ Amit Kumar S/O Sambhu Paswan Resident of VillageMahmasa, P.S.- Gaurichak, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-08-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Gaurichak P.S. Case No. 599 of 2023 instituted for the offence under Sections 304(B), 201 & 34 of the Indian Penal Code (for brevity 'the IPC').

3.

Prosecution case in short is that daughter of the informant has been done to death at her matrimonial house by her in-laws due to non-fulfillment of the demand of dowry. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 08-01-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.25159 of 2025(3) dt.22-08-2025 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is the husband of the deceased. There is no specific allegation attributed to the petitioner, rather allegation is general and omnibus in nature. Learned counsel for the petitioner submits that deceased committed suicide by hanging herself and for this the petitioner informed the informant on mobile and accordingly, the cremation of the dead body was done with full custom. Postmortem report suggests the cause of death is not ascertained and viscera is reserved. Learned counsel for the petitioner submits that charge sheet is submitted in this case but charge is not framed hitherto and there is no likelihood of the trial being concluded in the near future. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no specific material against the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like

Patna High Court CR. MISC. No.25159 of 2025(3) dt.22-08-2025 3/3 amount each to the satisfaction of Court below/concerned Court in connection with Gaurichak P.S. Case No. 599 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T