Madhir Kumar @ Sadhu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73493 of 2024 Arising Out of PS. Case No.-279 Year-2024 Thana- KONCH District- Gaya ====================================================== Madhir Kumar @ Sadhu Paswan, S/o Shiv Paswan @ Shiv Kumar, R/o Village- Motha, P.S.- Arwal, District- Arwal ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sumanti Devi, Wife of Kaushal Kumar Chaudhary, Resident of Village Rozapar, P.S.- Arwal, Distt.- Arwal ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Syed Asgher Najmi, Advocate For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-01-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for bail in connection with Konch P.S. Case No. 279 of 2024 instituted for the offence under Sections 366(A) and 379 of the Indian Penal Code.

3. The case of the prosecution is that the daughter of the informant was living at her aunt's house. It is further stated that she fled away with the petitioner and they have also taken cash of Rs. 50,000/- and jewellery worth of Rs. 35,000/- with them from the house of the aunt.

4. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.73493 of 2024(3) dt.21-01-2025 2/3 petitioner that petitioner is innocent and has committed no offence. He has been falsely implicated in the present case. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 16.07.2024.

5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail and submitted that during investigation, the petitioner has given his confessional statement before the police and has stated that he has married the daughter of the informant and once he has assaulted her due to which she committed suicide. They were living at Ghaziabad. There is postmortem report as well. From perusal of the postmortem report, it is clear that the deceased has two antemortem injuries on her person. First is neck circumference size is 34cm, ligature mark size 29x1cm present around the neck and second is contusion of size 3x4 cm over right side face including right eye. The second injury contusion creates doubt. It is suggestive that it was not a suicide.

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail at this stage and, as

Patna High Court CR. MISC. No.73493 of 2024(3) dt.21-01-2025 3/3 such, his prayer for bail stands rejected.

7. Petitioner will be at liberty to renew his prayer for bail after six months.

(Ashok Kumar Pandey, J) lata/- U T