Sanjay Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61576 of 2023 Arising Out of PS. Case No.-759 Year-2022 Thana- MALSALAMI District- Patna ====================================================== 1.
Sanjay Paswan S/O Late Prameshwar Paswan Resident Of Bharatpur Simali, Ps Malsalami, District Patna 2.
Rajiv Paswan Son Of Late Dukhit Paswan R/O Ranipur, Lodhi Katra, PsKhajekalan, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Pradhan, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-04-2024 Learned counsel for the petitioners submits that petitioner no. 2, namely, Rajiv Paswan has already been granted anticipatory bail vide order dated 20.12.2023 in the present application by a Co-ordinate Bench of this Court.
2. Heard learned counsel for the petitioner no. 1 and learned A.P.P. for the State.
3. Petitioner no. 1 apprehends arrest in connection with Malsalami P.S. Case No. 759 of 2022 dated 27.12.2022, instituted for the offence punishable under Section 304(B)/34 of the Indian Penal Code.
4. The allegation against petitioner no. 1 is of demanding dowry and committing murder of the deceased for
Patna High Court CR. MISC. No.61576 of 2023(5) dt.19-04-2024 2/3 non-fulfillment of the same.
5. Learned counsel for the petitioner submits that petitioner no. 1 is father-in-law of the deceased. It is submitted that the petitioner no. 1 is innocent and he has been falsely implicated in this case. It is submitted that deceased always used to make call on mobile to her naihar people which was objected by her husband due to which some dispute arose between the husband and wife. Thereafter, her husband broke her mobile and in heat of anger she herself committed suicide. Other coaccused, namely, Savita Devi, Rozi Devi and Surji Devi have been granted bail vide order dated 20.09.2023 passed in Criminal Miscellaneous No. 58843 of 2023 by this Court. Lastly, it has been submitted that petitioner no. 1 has no criminal antecedent.
6. Learned A.P.P. has opposed the prayer for bail of the petitioner no.1.
7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner no. 1, namely, Sanjay Paswan in connection with Malsalami P.S. Case No. 759 of 2022, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
Patna High Court CR. MISC. No.61576 of 2023(5) dt.19-04-2024 3/3 sureties of the like amount each to the satisfaction of the learned A.C.J.M., Patna City, subject to condition as laid down under Section 438(2) of the Cr.P.C..
(Khatim Reza, J) prabhat/- U T