Jitendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61731 of 2023 Arising Out of PS. Case No.-108 Year-2023 Thana- MANER District- Patna ====================================================== Jitendra Paswan son of Devendra Paswan Village- Singhara Ps- Maner DistPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Maner P.S. Case No. 108 of 2023 dated 04.02.2023 registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code.

3. Allegation against the petitioner and other co-accused is of killing the daughter of the informant for non-fulfillment of dowry.

4. Learned Counsel for the petitioner submits that the petitioner is husband. He is innocent and has been falsely implicated in this case. It is submitted that only on the basis of suspicion the petitioner and his family members have been made accused in this case. FSL report reveals that no metallic, alkaloidal, glycosidal, pesticidal and volatile poison could be detected in the contents of plastic jar marked 'A'. It is submitted that all other accused persons have been granted bail by this Court. It is further submitted that the informant after knowing the fact that petitioner and his family

Patna High Court CR. MISC. No.61731 of 2023(6) dt.10-04-2024 2/2 members are connected in any way in the commission of the alleged offence has filed compromise petition on 28.06.2023 before the Judicial Magistrate-Ist Class. It is submitted that in paragraph no. 4 of the compromise petition it is stated that the parties are not ready to proceed with this case and witnesses are also not willing to depose in this case. Lastly, it has been submitted that the petitioner is in custody since 05.02.2023, having no criminal antecedent and chargesheet has been submitted in the case.

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

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 each to the satisfaction of the learned Judicial Magistrate-Ist Class, Danapur in connection with Maner P.S. Case No. 108 of 2023. (Khatim Reza, J) prabhat/- U T