Dhanesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75410 of 2022 Arising Out of PS. Case No.-17 Year-2022 Thana- DUMARIYA District- Gaya ====================================================== Dhanesh Paswan Son Of Chhathu Paswan Resident Of Village- Chhotaki Pankara, P.S.- Dumariya, District- Gaya(Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-10-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 302 of the Indian Penal Code.

It is a case of commission of murder of the daughter of the informant by strangulation by all the inlaws family members including the petitioner. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is husband of the deceased. The marriage of the petitioner with the

Patna High Court CR. MISC. No.75410 of 2022(4) dt.03-10-2023 2/3 deceased was performed eight years prior to the occurrence and they were blessed with two children out of the wedlock. There is no prior complaint or torture or demand of dowry against the petitioner. The victim committed suicide by hanging herself. The informant himself is not the eye witness to the occurrence nor any independent witness came forward claiming himself to be the eye witness to the occurrence. The postmortem report also suggests that death was due to asphyxia due to hanging. The petitioner is languishing in custody since 19.04.2022. A statement has been made in para 3 of the petition that petitioner has clean antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that petitioner is husband of the deceased and he was fully responsible for commission of murder of the deceased.

It appears that vide order dated 03.07.2023, viscera report in connection with the present case was

Patna High Court CR. MISC. No.75410 of 2022(4) dt.03-10-2023 3/3 called for from the Court below. The report of Senior Superintendent of Police, Gaya dated 08.08.2023 is kept at Flag-A which suggests that though viscera had been preserved but up-till-now, it has not been sent for chemical examination to the Forensic Science Laboratory, Patna which reflects the manner in which how casually serious nature of cases are being taken up by the Courts below.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail after framing of the charge and on furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-XI, Gaya in connection with Dumariya P.S. Case No. 17 of 2022(Sessions Trial No. 315/2022).

(Sunil Kumar Panwar, J) Shageer/- U T