← Library
Patna High CourtCR. MISC./51965/2023bail granted

Nand Kumar Paswan v. The State Of Bihar

2023-09-08Mr. Justice Chandra Shekhar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51965 of 2023 Arising Out of PS. Case No.-188 Year-2022 Thana- BHAGWANPUR District- Begusarai ====================================================== Nand Kumar Paswan Son Of Ramdev Paswan Resident Of VillageBadiyagehunhi, Ps- Bhagwanpur, Distt- Begusarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Prabhakar Singh, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-09-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. The petitioner seeks bail in connection with Bhagwanpur P.S. Case No. 188 of 2022 registered for the offence under Sections 498-A and 304-B of the Indian Penal Code and under Section 3⁄4 of the Dowry Prohibition Act.

3. The accused/petitioner is named in the F.I.R. and is in custody since 27.04.2023.

4. The allegation against the petitioner is to cause death of daughter of informant alongwith other co-accused persons/family members due to non-fulfillment of demand of dowry as raised for cash of Rs. 2,00,000/- (Rupees Two Lac only).

5. Learned counsel appearing on behalf of the petitioner submitted that the petitioner falsely implicated with present case being father-in-law of the husband of the deceased. It is submitted

Patna High Court CR. MISC. No.51965 of 2023(3) dt.08-09-2023 2/2 that petitioner being father-in-law living separately much prior to this occurrence and having no connection with daily and domestic affairs with the deceased and her husband. It is submitted that allegation for raising demand of dowry is also appearing very much general and omnibus against this petitioner. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer of bail.

7. Considering the facts and circumstances as mentioned above, as petitioner is father-in-law of the deceased coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 27.04.2023, accordingly, above named petitioner is directed to be released on bail in connection with Bhagwanpur P.S. Case No. 188 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V, Begusarai/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

(Chandra Shekhar Jha, J.) pooja/- U T