Niraj Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71409 of 2022 Arising Out of PS. Case No.-55 Year-2021 Thana- MAHNAR District- Vaishali ====================================================== Niraj Paswan Son of Late Ganesh Paswan R/O Village- Harpur Fatikwara, P.S.- Mahnar, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar, Advocate For the Opposite Party/s :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-03-2023 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 Mahnar P.S. Case No. 55 of 2021 registered for the offence under Sections 304(B), 201 and 120(B) of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 28.02.2022.
The allegation against the petitioner, who is brotherin-law (Bhaisur) of the deceased, is to cause death of daughter of informant alongwith other family members due to nonfulfillment of demand of dowry, as raised for a motorcycle.
Patna High Court CR. MISC. No.71409 of 2022(2) dt.17-03-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that the petitioner is brother-in-law (Bhaisur) of the deceased. It is further submitted that petitioner living separately with deceased and her husband and having no connection with their daily and domestic affairs. It is also submitted that the thrust of allegation is available against husband of the deceased, who is in custody. It is also submitted that cousin father-in-law and mother-in-law were admitted to bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 66939 of 2021 vide order dated 20.07.2022. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which 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, and by taking note of the fact that the petitioner is inlaws (brother-in-law) of the deceased, living separately and who is a man of clean antecedent, coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Mahnar P.S. Case No. 55 of 2021 on furnishing bail bond of Rs.10,000/-
Patna High Court CR. MISC. No.71409 of 2022(2) dt.17-03-2023 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T