Amarjeet Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74413 of 2023 Arising Out of PS. Case No.-54 Year-2022 Thana- MANIGACHI District- Darbhanga ====================================================== Amarjeet Paswan S/O Gangesh Paswan R/O Bhira Tole Rajwara, P.SManigachhi, Distt.- Darbhanga. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nilendu Kumar Choudhary For the Opposite Party/s :
Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in connection with Manigachi PS Case No. 54 of 2022 a case instituted for the offence under Sections 302/201/34 of the IPC. As per allegation in the FIR, informant solemnized love marriage with the deceased (Shiv Kumar Paswan) and after marriage she was residing at the house of husband's sister. house. It is further alleged that on 7.4.2022, while she was sleeping with her husband, four FIR named accused persons came to the room and took out her husband to nearby wheat field. She also followed them and stealthy she was standing behind mango tree and saw
Patna High Court CR. MISC. No.74413 of 2023(3) dt.06-12-2023 2/3 that her husband was being killed by the four accused persons. She became frightened and came back to her room. On next morning she found her husband's dead body was lying beside her on bed.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. General and omnibus allegation has been levelled against the petitioner. Allegedly, informant is the eye witness of the alleged occurrence but surprisingly, she has not raised alarm even when he was taken by the accused persons from her house. Out of four accused persons, similarly three accused have already been enlarged on bail vide order dated 15.03.2023 passed in Cr. Misc. No. 55296 of 2022 by another co-ordinate Bench of this case. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 12.4.2023. The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above
Patna High Court CR. MISC. No.74413 of 2023(3) dt.06-12-2023 3/3 named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge X, Darbhanga. (Sunil Kumar Panwar, J) sushma/- U