Sunil Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58618 of 2023 Arising Out of PS. Case No.-347 Year-2022 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Sunil Paswan S/O Sanjay Paswan R/O Village- Dharampur, Ps. Kusheshwarasthan, Dist. Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Girish Chandra Jha, Adv For the Opposite Party/s :
Mr.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-03-2024 Heard learned cousnel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Kusheshwarasthan P.S.Case No. 347 of 2022 instituted for the offences punishable under Sections 304B/34 of the Indian Penal Code.
3. As per the prosecution case, the FIR has been lodged against five accused persons including the petitioner. The petitioner and his family member used to torture the deceased for non- fulfillment of dowry.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner is husband of the deceased. No demand of
Patna High Court CR. MISC. No.58618 of 2023(6) dt.05-03-2024 2/2 dowry as stated in FIR or the case diary. There is no eye witness of the alleged occurrence, only suspicion against the petitioner. The petitioner is in custody since 04.10.2022 having clean antecedent. Similarly, other co-accused persons have already been granted bail by co-ordinate Bench of this Court in Cr. Misc. No. 26131 of 2023 vide order dated 24.05.2023.
5. Learned APP opposes the prayer for bail
6. Considering the facts and circumstances of the case as well as period of custody , 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 the learned Sub Divisional Judicial Magistrate, Biraul, Darbhanga in connection with Kusheshwarasthan P.S.Case No.347 of 2022. (Ramesh Chand Malviya, J) N.K/- U T