← Library
Patna High CourtCR. MISC./31769/2025bail granted

Aman Kumar Paswan v. The State Of Bihar

2025-05-19Mr. Justice Sourendra Pandey4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31769 of 2025 Arising Out of PS. Case No.-167 Year-2024 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Aman Kumar Paswan Son of Suro Paswan Resident of Village - Vishnupur, P.S.- K. Asthan @ Kusheshwar Sthan, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandeep Jha, Advocate For the Opposite Party/s :

Mr.Ram Sumiran Rai, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 19-05-2025 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Kusheshwar Sthan Thana, P.S. Case No. 167 of 2024 registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.

3. The prosecution case is to the effect that the daughter of the informant was married to the petitioner in year 2022. It has been further alleged that the informant's daughter used to say that her in-laws have been demanding Rs. 1,00,000/- and a motorcycle otherwise she would be killed. The informant has further submitted that on 26.06.2024, he received a call that her daughter has been killed by her in-laws. It has been stated

2/4 that when the informant reached the place of occurrence, he found that his daughter was hanging from the hook of the ceiling while her in-laws ran away from the place of occurrence and information was given to the police and F.I.R. was lodged against the in-laws of the deceased as well as against the petitioner.

4. The Learned counsel for the petitioner submits that the petitioner is the husband of the deceased (daughter of informant) and he was not present at the place of occurrence on the said date. The Learned counsel has further stated that during course of investigation many witnesses have stated that there was some heated argument between the husband-petitioner and the deceased on phone which also substantiate the defence of the petitioner that he was not present at the place of occurrence. Learned counsel further submits that despite the presence of the informant at the place of occurrence, who had seen the body of her daughter hanging on the hook of the ceiling, the dead body was not sent for postmortem. Lastly, it has been submitted that the petitioner has clean antecedent and is in custody since 20.12.2024.

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner and has stated that the wife

3/4 of the petitioner died within two years of marriage.

6. Considering the aforesaid submissions made by the parties and taking into account the fact that the body of the daughter of the informant was found to be hanging from the hook of the ceiling but no postmortem was conducted by police nor such application was given by the informant as stated by the learned counsel for the petitioner and also taking into account the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned court of J.M. 1st Class, Darbhanga in connection with Kusheshwar Sthan Thana, P.S. Case No. 167 of 2024, subject to the following conditions:- (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.

4/4 (iv) And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for the purpose of or in the name of verification. (Sourendra Pandey, J) amitkr/- U T