Ganesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57128 of 2024 Arising Out of PS. Case No.-534 Year-2010 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Ganesh Paswan S/o- Asheshwar Paswan @ Asheshar Paswan Resident of Village- Chhoti Punas PS- Karpurigram District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Bhushan Prasad For the Informant :
Ms. Swati Kumari For the Opposite Party/s :
Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial No. 52 of 2024 arising out of Samstipur Muffasil P.S. Case No. 534 of 2010 dated 27.09.2010 registered for the offences punishable u/ss 304B, 201 read with section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have killed the informant's daughter due to non-fulfillment of demand a motorcycle as dowry and the dead body was burnt.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.57128 of 2024(2) dt.21-08-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the Devar of the deceased. There is general and omnibus allegation against the petitioner. The petitioner neither demanded any dowry nor tortured the deceased. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 13.03.2024.
5. Learned counsel for the informant as well as learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Sessions Trial No. 52 of 2024 arising out of Samstipur Muffasil P.S. Case No. 534 of 2010.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T