Shankar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58269 of 2024 Arising Out of PS. Case No.-135 Year-2023 Thana- TANKUPPA District- Gaya ====================================================== Shankar Paswan Son of Jageshwar Paswan Resident of Village- Biccha Kanda, P.S.- Waziranj Dist.- Gaya ... ... Petitioner
Versus
1.
The State Of Bihar 2.
Bhola Paswan Son of Girdhari Paswan Resident of Village- Usri, P.S.- Buniyadganj Dist.- Gaya ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Aryan Singh For the Opposite Party :
Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Tankuppa P.S. Case No. 135 of 2023 dated 18.07.2023 registered for the offences punishable u/s 498A and 306 read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the D.P. Act.
3. As per the prosecution case, the petitioner and the co-accused person are alleged to have tortured the informant's daughter due to non-fulfillment of demand of Rs. 50,000 /- and a motorcycle as dowry. On 18.07.2023, the informant received information that his daughter and
Patna High Court CR. MISC. No.58269 of 2024(2) dt.04-10-2024 2/3 grand-daughter died due to train accident. The informant also came to know that the petitioner and the co-accused person used to assault his daughter in the name of dowry due to which she committed suicide.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner who is fufa of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. The other co-accused person has already been granted bail by this court vide order dated 16.05.2024 passed in Cr. Misc. No. 35146/2024. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. 6.
Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.58269 of 2024(2) dt.04-10-2024 3/3 satisfaction of the learned court concerned, Gaya in connection with Tankuppa P.S. Case No. 135 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T