Patna High CourtCR. MISC./35481/2024bail granted

Amirak Paswan v. The State Of Bihar

2024-07-31Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35481 of 2024 Arising Out of PS. Case No.-199 Year-2023 Thana- NIMCHAKBATHANI District- Gaya ====================================================== Amirak Paswan S/O Vijay Paswan R/O Village- Barainee, P.S.- Nimchak Bathani, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Upendra Singh, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. Learned counsel for the petitioner seeks permission to make necessary correction in the paragraph 13 of the bail petition during course of the day.

3. Permission, as prayed for, is granted.

2. The petitioner is in custody in connection with Sessions Trial No. 213 of 2024 (arising out of Neem Chak Bathani P.S Case No. 199 of 2023) registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

3. As per prosecution case, the allegation against the petitioner along with his family members is to kill the deceased for demand of dowry.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that no any independent witnesses supported the

Patna High Court CR. MISC. No.35481 of 2024(3) dt.31-07-2024 2/2 prosecution version and no prosecution witness named this petitioner. Petitioner has got clean antecedent. It is also submitted that petitioner is in judicial custody since 07.11.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, case diary, postmortem report and impugned order it appears that specific allegation of murder of the deceased is against the husband of the deceased not the against the present petitioner. Moreover, cause of death in postmortem report is Asphyxia & shock due to hanging and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner 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 Additional Sessions Judge-XVI, Gaya in connection with Sessions Trial No. 213 of 2024 (arising out of Neem Chak Bathani P.S Case No. 199 of 2023).

(Ramesh Chand Malviya, J) Mayank/- U T