Rabindra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71821 of 2021 Arising Out of PS. Case No.-273 Year-2021 Thana- DESARI District- Vaishali ====================================================== RABINDRA PASWAN S/o Late Jitan Paswan, R/o Village- Murauwatpur, P.S.- Desari, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-10-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Desari P.S. Case No. 273 of 2021 lodged under Sections 302/34 of the Indian Penal Code.

As per the prosecution, the marriage of informant's daughter was solemnized with the petitioner 15 years earlier. It has been alleged that from the said marriage, the deceased has no kid, only due to this reason, the husband, Sas, Gotani and Jaut (brother-in-law) had killed the daughter of the informant as per the allegation in the F.I.R.

Learned counsel for the petitioner submits that the present F.I.R. is out and out false. The petitioner has committed

Patna High Court CR. MISC. No.71821 of 2021(3) dt.13-10-2022 2/2 no offence. He further submits that petitioner is the husband and he had no grievances with his wife. He further submits that the marriage was solemnized 15 years back and even they have no kid, petitioner had no grievances against his wife and they were living peacefully but unfortunately due to illness, she died. Learned counsel further submits that petitioner is in custody since 12.09.2021 having clean antecedent.

Learned counsel for the State opposes the prayer for bail and submits that charge has not been framed till date. In the present facts and circumstances of the case and the submissions made above, I am not inclined to grant bail to the petitioner at present but liberty is hereby granted that petitioner may be released on bail after two months from the date of framing of charge. The Trial Court is directed to grant bail to the petitioner on its own conditions so that he shall not evade his appearance during trial.

With this observation, the bail application stands disposed off.

(Dr. Anshuman, J.) ravishankar/- U T