Vishnudayal Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61252 of 2024 Arising Out of PS. Case No.-274 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Vishnudayal Paswan, aged about 63 years, Male Son of Dasai Paswan, R/O Vill.- Chaknaur Gadai Sarai, Ward no. - 10 P.s.- Sadar Hajipur District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajiv Ranjan Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Bishweshwar Ram, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-01-2025 Heard Mr. Rajiv Ranjan Kumar Pandey, learned counsel appearing on behalf of the petitioner and Mr. Bishweshwar Ram, learned APP for the State.
2. Petitioner seeks regular bail in connection with Sadar Hajipur P.S. Case No. 274 of 2022 registered for offences punishable under Sections 498-A, 304-B r/w 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
3. As per the allegation made in the FIR, petitioner along with other family members had killed the daughter of the informant due to non-fulfillment of demand of dowry.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and he has falsely been implicated in the present case. Learned counsel further
Patna High Court CR. MISC. No.61252 of 2024(3) dt.10-01-2025 2/3 submitted that petitioner is father-in-law of the deceased and on the alleged date of occurrence, the petitioner was in Karnataka where he works and in this regard, he has made specific statement in paragraph no. 7 of the bail application. Husband of the deceased namely, Sunil Kumar Paswan, has already been released on bail by a co-ordinate Bench of this Court vide order dated 30.10.2023 passed in Criminal Miscellaneous No. 45469 of 2023. Petitioner is in custody since 28.03.2024. On these grounds, petitioner seeks to be released on bail.
5. Learned A.P.P., for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the case, as well as, nature of allegation made in the FIR against the petitioner, the learned District Court is directed to release the petitioner, above named, on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Sadar Hajipur P.S. Case No. 274 of 2022 subject to the following conditions:
(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court
Patna High Court CR. MISC. No.61252 of 2024(3) dt.10-01-2025 3/3 concerned.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.
(v) The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T