Dinesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47953 of 2022 Arising Out of PS. Case No.-38 Year-2022 Thana- DARPA District- East Champaran ====================================================== DINESH PASWAN Son of Sakaldeo Paswan Resident of Village - Bakhtauro, P.S.- Darpa, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== 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, 304B, 201/34 of the Indian Penal Code.

As per the prosecution story, the petitioner along with other co-accused persons used to torture the informant's daughter and due to non-fulfillment of dowry demand they killed her daughter by way of wrapped the roped in her neck. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. It is further submitted that there was no prior complaint in respect of demand of dowry or torture the deceased by accused persons.

Patna High Court CR. MISC. No.47953 of 2022(3) dt.11-01-2023 2/2 As per the postmortem report, it is evident that the cause of death of informant's daughter is due to Asphyxia as result of hanging. It is further submitted that on behalf of the informant, compromise petition has been filed before learned court below. The petitioner has got no criminal antecedent. He is languishing in judicial custody since 1.7.2022.

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 Darpa P.S. Case No. 38 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, Motihari, East Champaran.

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