Rakesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.512 of 2023 Arising Out of PS. Case No.-29 Year-2020 Thana- MANSURCHAK District- Begusarai ====================================================== RAKESH PASWAN Son of Ram Swarth Paswan Resident of VillageRajapur Ragho, Ward No.-13, P.S.- Mansoorchak, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Yadav For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 304(B)/34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of killing the daughter of the informant, due to nonfulfillment of further dowry demand.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is

Patna High Court CR. MISC. No.512 of 2023(6) dt.23-08-2023 2/3 the husband of the deceased. There is no any prior complaint regarding assaulting, harassment and torturing to the deceased against the petitioner and others. He submitted that four witnesses have been examined and declared hostile and P.W.-2 (informant) has stated in his cross-examination that there were no any demand of dowry rather all the in-laws were having good behavior with the deceased and also said that his daughter was a short tempered lady and he has not lodged the FIR. He further submitted that the informant himself not supported the prosecution case in his cross-examination and as per impugned order, the doctor opined that the cause of death was asphyxia as a result of hanging. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 01.07.2020.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.512 of 2023(6) dt.23-08-2023 3/3 satisfaction of the learned Court below in connection with Mansurchak P.S. Case No. 29 of 2020.

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