Amarjit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24853 of 2025 Arising Out of PS. Case No.-486 Year-2024 Thana- KHUSRUPUR District- Patna ====================================================== Amarjit Paswan S/O Rambaran Paswan Resident of Village- Baikathpur, Ward No. 1, P.S.- Khsrupur, District- Patna ... ... Petitioner/s

Versus

The State of Bihar Patna ... ... 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 CHANDRA SHEKHAR JHA ORAL ORDER 25-07-2025 Heard learned counsel appearing on behalf of the petitioner learned A.P.P. for the State.

2. Legible copy of the case diary along with postmortem report supplied to this Court by the learned APP in terms of order dated 02.05.2025.

3. Petitioner seeks bail in connection with Khusrupur P.S. Case No. 486 of 2024 registered for the offences under Sections 80, 3(5) of the Bhartiya Nyay Sanhita, 2023.

4. The petitioner is named in the First Information Report and is in custody since 11.11.2024.

5. Allegation against the petitioner is to cause death of the sister of the informant along with other co-accused

2/4 persons/family members due to non-fulfillment of demand of dowry as raised for cash of Rs. 1 Lakh and one colour TV.

5. It is submitted by learned counsel appearing on behalf of the petitioner that from perusal of post-mortem report, it can be gathered safely that it is a case of suicide. There is no any external injury found upon the deceased, suggesting that she was not subjected to physical assault soon before the occurrence.

6. It is submitted that different witnesses during course of investigation, while recording their statement under section 161 Cr.P.C./180 of the B.N.S.S., stated that the wife of the petitioner committed suicide due to domestic quarrels. It is pointed out that the dead body was brought outside the room after breaking the door only which, further strengthened that the wife of the petitioner committed suicide. It is also submitted that the parents of the deceased were duly informed by this petitioner, as it is apparent from the statement of the different witnesses particularly mentioned in para 7 of the case diary who is none but the cousin of the deceased.

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7. It is also pointed out that the allegation qua demand of dowry was raised as an afterthought for the purpose of false implication of the petitioner.

8. While concluding argument, it is submitted that investigation of this case is already completed and as such there is no chance of tampering with the evidence.

9. Learned A.P.P. for the State, while opposing the prayer for bail of the petitioner, submitted that the petitioner is the husband of the deceased and the death was caused in matrimonial home of the deceased.

10. Considering the facts and circumstances as mentioned above and by taking note of the fact as the postmortem report negate any external injury except ligature mark which appears prima facie due to hanging suggesting cause of death as suicide, where occurrence was also reported to in-laws family members by the petitioner, coupled with the fact that petitioner is in custody since 11.11.2024, where investigation of this case is already completed, accordingly, above-named petitioner is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand

4/4 only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate - 1st Class, Patna City, in connection with Khusrupur P.S. Case No. 486 of 2024, subject to the condition as laid down under Section 437(3) Cr.P.C/Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").

(Chandra Shekhar Jha, J) Rajeev/- U T