Brijnandan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7498 of 2021 Arising Out of PS. Case No.-238 Year-2020 Thana- PARSABAZAR District- Patna ====================================================== Brijnandan Paswan aged about 65 years, (Male) son late Atwar Paswan, Resident of village+P.O Suiba, P.S. Parsa Bazar, District- Patna ... ... Petitioner

Versus

The State of Bihar ... ... Opp Party ====================================================== Appearance :

For the Petitioner :

Mr. Satrudhan Kumar Advocate For the State :

Mr. Murlidhar APP For the informant :

Mr. Awadhesh Singh Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-07-2021 In view of the sudden resurgence of Covid-19 infection, there is limited functioning of the High Court and, therefore, the matter has been listed today for consideration through virtual mode.

2 Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office.

3. Heard learned counsel for the petitioner and learned counsel for the State

4. The petitioner seeks bail in Parsa Bazar PS Case No. 238 of 2020, instituted for the offence under Sections 498A, 326, 307/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

5. The petitioner is father-in-law of the victim. The allegation in the FIR is that the informant's daughter has been set ablaze after sprinkling kerosene oil by the petitioner, victim's mother-in-law and "Bhaisur".

Patna High Court CR. MISC. No.7498 of 2021(3) dt.06-07-2021 2/2

6. The learned counsel for the petitioner submits that the alleged occurrence has taken place, as per FIR, on 14.06.2020. The FIR further narrates that the victim was taken for treatment to the medwin care hospital. The victim died much later, on 22.06.2020. It is submitted by the petitioner's counsel that she has not alleged burning by the petitioner or the family members though she was alive for at least 08 days after the incident. Under misconception, the prosecution has been launched. Both the parties, therefore, have compromised the case.

7. Mr. Awadhesh Singh learned counsel for the informant has appeared through virtual mode. The learned APP representing the State has also appeared.

8. Considering the aforesaid facts and the fact that the petitioner has been in custody since 16.06.2020, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM VIII, Patna, in connection with Parsa Bazar P.S. Case No.238 of 2020, subject to the following conditions:- (i). That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T