Sudhir Paswan @ Mahendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39597 of 2023 Arising Out of PS. Case No.-136 Year-2020 Thana- LALGANJ District- Vaishali ====================================================== Sudhir Paswan @ Mahendra Paswan, S/O Jaleshwar Paswan, R/O VillageKamalpur, P.S- Lalganj, Distt.- Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, in the present case, is seeking prearrest bail in connection with Lalganj P.S. Case No.136 of 2020 registered for the offences punishable under Sections 304(B) and 201/34 of the Indian Penal Code. The petitioner has got no criminal antecedent.

3. As per the prosecution story, the allegation against the petitioner is that he along with other named accused persons was involved in torturing and killing of the sister of the informant due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel submits that the petitioner is cousin

Patna High Court CR. MISC. No.39597 of 2023(3) dt.06-09-2023 2/3 father-in-law of the deceased and is living separately from the husband of the deceased and he has no concern with the alleged occurrence.

5. Learned A.P.P. for the State is present and after going through the case diary submits that there is only general kind of allegation against the petitioner.

6. Having regard to the fact that this petitioner is cousin father-in-law of the deceased and Mr. Fahimuddin, learned APP for the State has, after going through the case diary, submitted that there is only general kind of allegation against the petitioner, this Court directs that in case of his arrest/surrender within a period of four weeks from today, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 136 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. 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

Patna High Court CR. MISC. No.39597 of 2023(3) dt.06-09-2023 3/3 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 purpose of or in the name of verification.

8. This application stands allowed.

9. The case diary be returned.

(Rajeev Ranjan Prasad, J) arvind/- U T