Dilip Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39190 of 2023 Arising Out of PS. Case No.-34 Year-2023 Thana- MOKAMAH District- Patna ====================================================== DILIP PASWAN Son of Ram Chandar Paswan Resident of village - Mor West , P.S. - Mokama, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Kashyap For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-09-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under Sections 304B, 34 of the Indian Penal Code and Section 3⁄4 of D.P. Act.

As per allegation in the FIR, petitioner along with his family members has tortured in various ways to the daughter of the informant due to non-fulfillment of dowry demand of two lac rupees and one motorcycle and ultimately she was being killed by them. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is father-in-law of the deceased due to which he has falsely been implicated in this case. He had never demanded any thing from the deceased or her family members. He has no concern with mess and business of the deceased or with her husband and lives

Patna High Court CR. MISC. No.39190 of 2023(3) dt.13-09-2023 2/2 separately. There is general and omnibus allegation against the petitioner and no specific allegation against him to torture and assault. The sole responsibility to take care of wife is upon husband and not against his family members. Husband is in judicial custody. Similarly situated other accused persons have already been enlarged on bail by another coordinate Bench of this Court vide order dated 11.08.2023 passed in Cr. Misc. No. 48207 of 2023. The petitioner has got no criminal antecedent and he is languishing in judicial custody since 13.4.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned court of A.D.J.-1st, Barh, Patna in connection with S. Tr. No. 514 of 2023 arising out of Mokama P.S. Case No. 34 of 2023.

(Sunil Kumar Panwar, J) lata/- U T