Ram Lal Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 54587 of 2021 Arising Out of PS. Case No.-399 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== Ram Lal Paswan S/O Chulhai Paswan R/O Village-Serna, P.S.-KANTI, District-Muzaffarpur.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar, Advocate For the Opposite Party/s :
Smt. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2022 Heard learned counsel for the petitioner and learned A.P.P. Smt. Pushpa Sinha for the State through virtual court proceedings.
The petitioner seeks bail in connection with Kanti P.S. Case No. 399 of 2021 instituted for the offences under Sections 302 and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 16.06.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the informant alleges that his brother was married with Pooja Kumari about one year ago, further his brother had gone to his Sasural on 10.06.2021 for some urgent piece of work and on 14.06.2021 the informant came to know that his brother died in
Patna High Court CR. MISC. No. 54587 of 2021(2) dt.16-02-2022 2/3 Sasural due to illness. It is further alleged that relationship between deceased and Pooja was not cordial, hence, suspects that brother was killed by Pooja Kumari, her brother and the petitioner.
Learned counsel for the petitioner submits that petitioner is the father-in-law of the deceased and the informant is not an eye-witness to the occurrence, in the F.I.R, itself it is stated that the informant came to know that his brother died due to illness but later by way of afterthought, he implicated the entire family members. Learned cousel for the petitioner submits that the deceased sufferred from accute stomach pain for which he was taken to P.H.C, Kanti from where he was refered to S.K.M.C.H, Muzaffarpur as would be evident from Annexure-2 to the bail application but the deceased died on way to Muzaffarpur.
Learned counsel for the petitioner further submits that the post-mortem of the deceased was also done, which in itself demonstrates that if the petitioner and his family members would have killed the deceased then the attempt would have been to dispose of the body and not to take it for post-mortem. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Patna High Court CR. MISC. No. 54587 of 2021(2) dt.16-02-2022 3/3 Considering the fact that the petitioner is in custody since 16.06.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 2nd (West), Muzaffarpur in connection with Kanti P.S. Case No. 399 of 2021.
(Satyavrat Verma, J) Gaurav Kumar/- U T