Subodh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72250 of 2022 Arising Out of PS. Case No.-385 Year-2021 Thana- SUPAUL District- Supaul ====================================================== SUBODH PASWAN Son of Baso Paswan Resident of village - Ekma, P.S.- Supaul, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Jha For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 342, 323, 504, 498A, 428, 304/34 of the Indian Penal Code. As per prosecution case, the informant alleged that marriage of her sister was solemnized with the petitioner before 12 years and thereafter, the petitioner along with coaccused persons used to torture her sister/deceased due to non-fulfillment of dowry demand. Further, on 23.5.2021 they killed informant's sister by administering poison. After that, this case has been lodged.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.72250 of 2022(6) dt.19-07-2023 2/3 petitioner is innocent and has committed no offence. The petitioner is husband of the deceased due to which he has falsely been implicated in this case. The marriage of informant's sister/deceased was solemnized with the petitioner before 12 years and they blessed with three children out of the said wedlock. There is no prior complaint regarding torture or misbehaving with the deceased. According to the postmortem report, doctor has not ascertained the cause of death. It is further submitted that F.S.L. Report shows no Metalic, Alkaloidal, Glyscosidal, Pesticidal or Volatile poison count be detected. The petitioner has got no criminal antecedent as stated in para-3 of the petition. Moreover, he is languishing in judicial custody since 25.5.2021. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Supaul P.S. Case No. 385 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.72250 of 2022(6) dt.19-07-2023 3/3 satisfaction of learned Additional District and Sessions Judge1st Supaul. (Sunil Kumar Panwar, J) Amandeep/- U T