Patna High CourtCR. MISC./57219/2023bail granted

Mannu Paswan @ Manu Paswan @ Raja Paswan v. The State Of Bihar

2023-08-25Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57219 of 2023 Arising Out of PS. Case No.-250 Year-2020 Thana- KHUSRUPUR District- Patna ====================================================== MANNU PASWAN @ MANU PASWAN @ RAJA PASWAN SON OF LATE RUDAL PASWAN RESIDENT OF VILLAGE- BAIKATPUR MAHADEO ASTHAN, PS- KHUSRUPUR, DISTT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kaushal Kishor For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 304(B), 120(B), 34 of the Indian Penal Code.

3. This is the second attempt of the petitioner to seek bail as earlier his bail application is rejected by order dated 25.05.2022 in Cr. Misc. No. 2669 of 2022.

4. Learned counsel for the petitioner next submits that the petitioner is the husband of the deceased whose marriage was performed in the year 2019. It is next submitted that from bare perusal of the allegations as alleged in the FIR, it would manifest that there is no demand of dowry and the same also

Patna High Court CR. MISC. No.57219 of 2023(2) dt.25-08-2023 2/3 stands recorded in the order dated 25.05.2022. It is next submitted that the petitioner is in custody since 02.08.2020 and the charges against the petitioner has been framed by order dated 09.02.2023 as it has been specifically pleaded at Para 11 of the bail application, but then no prosecution witness, till date, has turned out. It is next submitted that the petitioner will not abscond, rather, will cooperate in the trial.

5. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

6. Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted in the case, let the petitioner above named be released on bail 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 court below where the case is pending/successor court in connection with Khusrupur P.S. Case No. 250 of 2020.

7. One of the bailor of the petitioner shall be his cousin maternal uncle, Kauleshwar Paswan.

8. However, the learned Trial Court before accepting the bail bonds of the petitioner shall verify whether the charges have been framed or not and in the event if it is found that the

Patna High Court CR. MISC. No.57219 of 2023(2) dt.25-08-2023 3/3 charges have not been framed as the order framing charge has not been brought on record, in that event, the present bail order shall not be given effect to.

9. It is further made clear that in the event if the Trial Court come to a conclusion that the petitioner after his release on bail is delaying the trial in any manner, the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.

(Satyavrat Verma, J) HarshPandey/- U T