Baskit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54189 of 2022 Arising Out of PS. Case No.-65 Year-2019 Thana- GAURICHAK District- Patna ====================================================== BASKIT PASWAN S/o Vijendra Paswan R/o village- Jaitipur, P.S.- Gaurichak, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Shekhar Kumar Prasad For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 06-04-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Gaurichak P.S. Case No. 65 of 2019, registered for the offences punishable under Sections 306, 341, 323, 498(A), 494/34 of the Indian Penal Code and 3⁄4 Dowry Prohibition Act.

The informant is second wife of the petitioner. As per allegation, the informant made allegation against the petitioner that he tortured her for non-fulfillment of dowry demand. She

Patna High Court CR. MISC. No.54189 of 2022(7) dt.06-04-2023 2/3 has also made allegation that due to torture of the petitioner, her sister (first wife of the petitioner) Kajal Devi committed suicide, three years prior to the lodging of the FIR.

The learned counsel for the petitioner has submitted that after lodging of the FIR, the informant has solemnized her marriage with someonelse and it is the reason that she is not persuing her case, which is pending in the learned trial court. He has submitted further that after three years of death of Kajal Devi, she has falsely implicated the petitioner, for the offence of abetment of suicide of Kajal Devi. The petitioner is under custody since 18.02.2022.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- VI, Patna City in connection with Gaurichak P.S. Case No. 65 of 2019, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available on each and every date of trial. In case of failure on two consecutive dates without any valid reason, the learned court below will be at liberty to cancel the

Patna High Court CR. MISC. No.54189 of 2022(7) dt.06-04-2023 3/3 bail bond of the petitioner.

(ii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(iii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Kundan/Nirmal U T