Mahendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66349 of 2022 Arising Out of PS. Case No.-215 Year-2021 Thana- RAFIGANJ District- Aurangabad ====================================================== MAHENDRA PASWAN Son of Motilal Paswan Resident of Village- Naiki, P.S.- Rafiganj, District- Aurangabad(Bihar).

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-02-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Rafiganj P.S. Case No. 215 of 2021 registered for the offence under Sections 304(B)/34 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 23.06.2022.

The allegation against the petitioner is to cause death of daughter of informant alongwith other family members/coaccused persons for non-fulfillment of the demand of dowry as

Patna High Court CR. MISC. No.66349 of 2022(2) dt.22-02-2023 2/3 raised for unexplained amount/details.

Learned counsel appearing on behalf of the petitioner submitted that the petitioner is father-in-law of the deceased and living separately from deceased and her husband, having no connection with their daily and domestic affairs. It is further submitted that thrust of allegation is available against the husband of the deceased, who is in custody. While concluding the argument, it is submitted that the nature of allegation as available against this petitioner is appearing very much general and omnibus, where implication is for the only reason that he is the father of husband of deceased and moreover, investigation of this case is completed, where charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above as petitioner is father-in-law, living separately with deceased and her family, coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Rafiganj P.S. Case No. 215/2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad

Patna High Court CR. MISC. No.66349 of 2022(2) dt.22-02-2023 3/3 (Bihar)/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T