Binod Kumar @ Binod Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46134 of 2025 Arising Out of PS. Case No.-392 Year-2024 Thana- SONBERSA District- Sitamarhi ====================================================== Binod Kumar @ Binod Paswan son of Rameshwar Paswan Resident of Village- Narkatiya, P S.- Sonbarsa, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

Learned counsel for the petitioner is permitted to make the necessary correction in the cause title in course of the day.

3.

The petitioner seeks bail in connection with Sonbarsa P.S. Case No. 392 of 2024 instituted for the offence under Sections 80(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

4.

The informant alleged that his daughter was married to Ajay Paswan five years ago and was being harassed for Rs. 2 lakh dowry by her husband and in-laws. On 04.12.2024 at around 2:00 AM, the accused allegedly assaulted

Patna High Court CR. MISC. No.46134 of 2025(2) dt.28-07-2025 2/3 and killed her by strangulation.

5.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 17-10-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

6.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is the father-in-law of the deceased. Husband of the deceased is already in custody. There is no specific allegation attributed to the petitioner, rather allegation is general and omnibus in nature. Petitioner is even separate in mess and property from the husband of the deceased. Postmortem report suggests the cause of death due to asphyxia leading to CR failure as a result of hanging produced by rope like substance. Police after completion of investigation has submitted charge sheet in this case.

7.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 8.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no specific allegation attributed to the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the

Patna High Court CR. MISC. No.46134 of 2025(2) dt.28-07-2025 3/3 petitioner.

9.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sonbarsa P.S. Case No. 392 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T