Subodh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47839 of 2022 Arising Out of PS. Case No.-1 Year-2022 Thana- BANDEYA District- Aurangabad ====================================================== SUBODH PASWAN S/o Bhola Paswan R/o village- Sosuna, P.S.- Bandeya, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302/34 of the I.P.C. but the charge-sheet was submitted under section 306/34 of I.P.C.

Allegation against the petitioner is that he along with other co-accused persons committed murder of informant's daughter by pressing her neck.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the deceased due to which he has falsely been made accused in this present case. As per the postmortem report which is annexed as Annexure-3, doctor opined that the

Patna High Court CR. MISC. No.47839 of 2022(3) dt.11-01-2023 2/2 cause of death of deceased is due to asphyxia as a result of antemortem suicidal hanging. During investigation, it was found this case false under Section 302 of I.P.C. and after completing investigation, submitted chargesheet against all accused persons including petitioner under section 306 of Indian Penal Code. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 2.3.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

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 released on bail in connection with Bandeya P.S. Case No. 01 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Daudnagar, Dist- Aurangabad.

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