Chhotu Paswan @ Chhotey Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35968 of 2025 Arising Out of PS. Case No.-52 Year-2021 Thana- PARIHAR District- Sitamarhi ====================================================== Chhotu Paswan @ Chhotey Paswan S/o Late Ganga Prasad @ Ganga Paswan Resident of village- Sautiniya, Ward No. 15, PS- Parihar, District- Sitamarhi, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar, Adv.

For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Parihar P.S. Case No. 52 of 2021 dated 06.03.2021 registered for the offences punishable under Sections 304B, 201 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have committed murder of the daughter of the informant due to non-fulfillment of demand of dowry and her dead body was burnt.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.35968 of 2025(2) dt.05-08-2025 2/3 this case. The petitioner neither demanded any dowry nor tortured the informant's daughter. It is further submitted that the petitioner is the husband of the deceased and he has no concern with the alleged offence. It is further submitted that the petitioner was working as labourer in Chennai at the relevant date and time of the alleged occurrence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.04.2023.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner and submitted that the specific allegation of demanding of Rs. 50,000/ one lakh as dowry from the deceased's brother is against the petitioner. Earlier the regular bail application of the petitioner has been rejected by this Court vide order dated 04.08.2023 passed in Cr. Misc. No. 47513 of 2023.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sitamarhi in connection with Parihar P.S. Case No. 52 of 2021, with a condition:-

Patna High Court CR. MISC. No.35968 of 2025(2) dt.05-08-2025 3/3 (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T