Patna High CourtCR. MISC./38245/2024bail granted

Sulindra Paswan v. The State Of Bihar

2024-08-01Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38245 of 2024 Arising Out of PS. Case No.-55 Year-2024 Thana- TAJPUR District- Samastipur ====================================================== 1.

Sulindra Paswan Son Of Late Sakunt Paswan Village- Chakle Waini Ward No. 4 Ps- Tajpur (WAINI Op) Dist- Samastipur 2.

Shankar Paswan Son Of Late Sakunt Paswan Village- Chakle Waini Ward No. 4 Ps- Tajpur (WAINI Op) Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 01-08-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioner is in custody in connection with Tajpur (Waini O.P) P.S Case No. 55 of 2024 registered for the offences punishable under Sections 304 (B)/34 of the I.P.C

3. As per prosecution case, it is a case of dowry death due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. It is further submitted that petitioner no. 1 is husband of the deceased and petitioner no. 2 is the elder brother of the husband of the deceased. There is no any witness regarding demand of dowry

Patna High Court CR. MISC. No.38245 of 2024(3) dt.01-08-2024 2/2 further occurrence is of 06.02.2024 and FIR registered on 09.02.2024. He next submits that cause of death is not ascertained in postmortem report as viscera is preserved and sent for examination. It is also submitted that petitioner is in judicial custody since 10.02.2024 and they have no got no criminal antecedent as stated in para 3 of the bail petition.

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

6. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioners, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M, 1st Class, Samastipur in connection with Tajpur (Waini O.P) P.S Case No. 55 of 2024.

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