Sachin Kumar @ Sachin Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61876 of 2024 Arising Out of PS. Case No.-759 Year-2022 Thana- MALSALAMI District- Patna ====================================================== Sachin Kumar @ Sachin Paswan Son of Sanjay Paswan R/o- Simli Bharatpur, P.S.- Malsalami, District - Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Chhotu Paswan, s/o Jamun Paswan R/o vill- Pirdamariya, p.s- Malsalami, Dist-Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Pradhan, Adv.
For the Opposite Party/s :
Mrs.Anita Kumari, Adv.
For the informant :
Mr. Avinash, Adv.
Mr. Krishna Gond, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Malsalami P. S. Case No. 759 of 2022 dated 27-12-2022, instituted for the offence punishable under Sections 304B/34 of the Indian Penal Code.
3. Allegation against the petitioner is of demanding dowry and committing murder of his wife for non-fulfillment of the same.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that petitioner is the husband of the
Patna High Court CR. MISC. No.61876 of 2024(6) dt.24-01-2025 2/3 deceased. It is submitted that deceased is a short tempered lady and always used to talk on mobile to her 'Naihar' people which sometime was objected by the petitioner, due to which, there was some quarrel took place between them and, on the fateful day also, quarrel took place between both husband and deceased (wife), due to which, she committed suicide after quarreling in rage. Charge sheet has been submitted in this case. Further, submission is that the petitioner is in custody since 09-03-2024. Lastly, it has been submitted that one criminal case is pending against him.
5. A counter affidavit has been filed on behalf of the opposite party No.2-informant stating therein that the marriage her daughter was solemnized with the petitioner in the year 2020 and on 27-12-2022, his daughter committed suicide. It is next submitted that he has lodged the present FIR due to misunderstanding of fact and at the behest of people of the vicinity. It is submitted that opposite party no.2 has no objection, if the petitioner is released on bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.61876 of 2024(6) dt.24-01-2025 3/3 to the satisfaction of the learned ACJM 1st, Patna City, in connection with Malsalami P. S. Case No. 759 of 2022.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U T