Shiv Awtar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61684 of 2021 Arising Out of PS. Case No.-46 Year-2021 Thana- KOILWAR District- Bhojpur ====================================================== SHIV AWTAR PASWAN S/o RAM ISHWAR PASWAN R/o VILLAGE - DUMARIA, P.S-KOILWAR, DISTRICT-BHOJPUR.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

RENU DEVI D/o RAM BHAJU PASWAN R/o VILLAGE-DUMARA, P.OBARKADUMARA, P.S-ARA MUFASSIL, DISTRICT-BHOJPUR. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramashray Roy, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-05-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 323, 341, 328, 498A and 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

As per the prosecution case, the informant was married to the son of the petitioner. She states that the accused persons assaulted her and all the five named accused persons including the petitioner herein started to abuse her. Thereafter, she saw her husband mixing something in a glass of water, her dewar (brother-in-law) caught hold of her along with all other accused persons and forced her to drink the poisonous

Patna High Court CR. MISC. No.61684 of 2021(3) dt.09-05-2022 2/3 substance. She states that she was brought to the hospital by her parents and on recovery she is giving her statement. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case only for the reason that he happens to be the father-in-law of the informant. The allegation even as per the FIR is mainly against the husband and dewar of the informant. So far as the petitioner is concerned the allegations are general and omnibus in nature. The husband of the petitioner is in custody and his application being Cr. Misc. no. 20770 of 2022 is pending before this Court. The petitioner is in custody since 14.3.2021 and has no criminal antecedent.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the husband of the informant being in custody, the allegations against the petitioner being general and omnibus in nature, the petitioner having remained in custody for more than 1 year, the petitioner is directed to be enlarged on bail in connection with Koilwar P.S. Case no. 46 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate,

Patna High Court CR. MISC. No.61684 of 2021(3) dt.09-05-2022 3/3 Bhojpur at Ara.

(Partha Sarthy, J) Spd/- U T