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Patna High CourtCR. MISC./33984/2023bail granted

Chandeshwar Paswan @ Dhuju v. The State Of Bihar

2023-07-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33984 of 2023 Arising Out of PS. Case No.-114 Year-2022 Thana- FESHAR District- Aurangabad ====================================================== 1.

CHANDESHWAR PASWAN @ DHUJU Son of Pradeep Paswan Resident of village - Rauna, P.S. - Konch, Distt. - Gaya 2.

Sita Devi Wife of Chandeshwar Paswan @ Dhuju Resident of village - Rauna, P.S. - Konch, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mukul Kumari For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 302/201/34 of the Indian Penal Code.

3. Informant suspects that petitioners and other accused persons named in the FIR have committed murder of informant's brother due to his love affair with Rinki Kumari.

4. It is submitted on behalf of the petitioners that there is no eye witness of the occurrence and petitioners have been implicated in this case on suspicion. There is delay of 46 days in lodging of the FIR and there is no explanation of delay

Patna High Court CR. MISC. No.33984 of 2023(2) dt.25-07-2023 2/2 which itself creates doubt over the veracity of the allegation. In fact, dead body had been recovered by the police from the railway track for which UD case had also been registered. Petitioners claim clean antecedent.

5. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in Fesar Police Station Case No. 114 of 2022/GR No.1743 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashi/- U T