Patna High CourtCR. MISC./76326/2023bail granted

Lalun Paswan v. The State Of Bihar

2024-02-29Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76326 of 2023 Arising Out of PS. Case No.-12 Year-2023 Thana- NALANDA District- Nalanda ====================================================== LALUN PASWAN SON OF JAMUN PASWAN RESIDENT OF VILLAGE - KHARPAR, P.S. - NALANDA, DISTRICT. - NALANDA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Nalanda P.S Case no.12 of 2023 registered under section 302 of the Indian Penal Code.

3. As per the prosecution case, the informant states that her mother had gone to the agricultural land to ease herself but did not return. On search her dead body with cut injuries on her neck was found.

4. Learned counsel for the petitioner submits that the FIR was registered against unknown. The petitioner happens to be the son-in-law of the deceased and has been falsely

Patna High Court CR. MISC. No.76326 of 2023(4) dt.29-02-2024 2/3 implicated in the case because of some matrimonial dispute between the petitioner and his wife ie the daughter of the deceased. Admittedly, there is no eyewitness to the occurrence. Even accepting the contents of the statement under section 164 Cr.P.C, the persons giving the statement are not an eyewitness. The petitioner is in custody since 13.3.2023 and the trial has commenced in the learned trial Court. He undertakes to cooperate in the trial and to abide by any conditions which may be laid by this Court for his release on bail.

5. The prayer for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the contents of the FIR, the material that has transpired in course of investigation, there being no eyewitness to the occurrence and the petitioner having remained in custody for 11 months since 13.3.2023, the petitioner is directed to be enlarged on bail in connection with Nalanda P.S. Case no.12 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-VI, Biharsharif, District-Nalanda on the following condition :-

Patna High Court CR. MISC. No.76326 of 2023(4) dt.29-02-2024 3/3 (i) The petitioner shall remain physically present in Court on each date of the case/trial and shall cooperate in the trial.

(Partha Sarthy, J) Shiv/- U T