Sunil Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45469 of 2023 Arising Out of PS. Case No.-274 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== SUNIL KUMAR PASWAN SON OF VISHNUDYAL PASWAN VillageChaknur Gadaisarai Ward no-10, Ps- Hajipur Sadar Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kishore Thakur For the Opposite Party/s :

Mrs. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 498(A), 304(B)/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. As per allegation in the FIR, petitioner is husband of the deceased and he along with his family members has tortured in various ways to the married daughter of the informant due to non-fulfillment of additional dowry demand and ultimately she was being killed by the accused persons and with a view to wipe off the evidence, they secretly cremated her dead body. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the deceased and has been falsely implicated in this case. He had never demanded any

Patna High Court CR. MISC. No.45469 of 2023(5) dt.30-10-2023 2/2 thing from the deceased or her family members. In para 8 of the petition, it is mentioned that at the time of occurrence, petitioner was at Bangalore to earn his livelihood. Prior to the alleged incident, there is no complain in respect of torture or harassment by the petitioner or any one at her matrimonial home. In fact, deceased died due to heart attack and the same information was given to the informant. Petitioner has got no criminal antecedent and languishing in judicial custody since 02.03.2023. 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 CJM, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 274 of 2022.

(Sunil Kumar Panwar, J) sushma/- U