Dharmdeo Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71469 of 2021 Arising Out of PS. Case No.-169 Year-2021 Thana- KARAHGAR District- Rohtas ====================================================== DHARMDEO PASWAN Son of Bhuar Paswan @ Chandeshwar Paswan Resident of Village- Paran Dihra, P.S.- Karghar, District- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Tiwary, Advocate For the Opposite Party/s :
Mr.Upendra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Karghar P.S. Case No. 169 of 2021 registered under Sections 304(B), 201 and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that petitioner is in custody since 29.07.2021, is a person with clean antecedent, charge-sheet has been submitted in the case and the informant alleges that his daughter was married to the petitioner in the year 2015, after marriage the accused persons including the petitioner were demanding dowry, further the accused persons used to torture her for non-fulfillment of the demand, further on 06.07.2021 the informant reached the place of occurrence and coming to know that his daughter was killed and
Patna High Court CR. MISC. No.71469 of 2021(2) dt.10-05-2022 2/3 saw her dead body being cremated, thereafter he came back to his village and instituted the present F.I.R. on 11.07.2021. Learned counsel submits that the petitioner has been falsely implicated merely because he is the husband and the informant seems to have been mislead by some interested person against the petitioner or for some ulterior reason he has instituted the present F.I.R., as from perusal of allegation as alleged it would manifest that the date of occurrence is 06.07.2021 and the F.I.R. has been instituted on 11.07.2021 i.e. after an inordinate delay of five days without any plausible explanation, it is further submitted that from perusal of the allegation it would manifest though the informant alleges the dowry was being demanded but the F.I.R. is completely silent that as to what was being demanded, it itself demonstrates the dowry was never demeaned from the marriage of deceased and the marriage was even nearly six years old.
The learned counsel submits that the deceased died on account of illness, the informant came, participated in the cremation on 06.07.2021 and thereafter went back to his home and then instituted the present F.I.R. on 11.07.2021. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.71469 of 2021(2) dt.10-05-2022 3/3 Considering the fact that the petitioner is in custody since 29.07.2021, is a person with clean antecedent and chargesheet has been submitted in the case and there is an inordinate delay in instituting the F.I.R. and taking into consideration submissions made by learned counsel for the petitioner, let the petitioner above named is directed to 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 Karghar P.S. Case No. 169 of 2021. (Satyavrat Verma, J) ved/- U T