Patna High CourtCR. MISC./77773/2023allowed

Abhay Paswan v. The State Of Bihar

2024-02-27Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77773 of 2023 Arising Out of PS. Case No.-202 Year-2021 Thana- DESARI District- Vaishali ====================================================== ABHAY PASWAN S/o Suraj Paswan R/o Vill - Nayagaon West, P.S. - Desari, Dist - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 304B, 201, 34 of the Indian Penal Code.

3. As per FIR, it is a case of dowry death due to non-fulfillment of dowry demand.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is husband of the deceased and due to which he has falsely been implicated in this present case. There is no prior complaint of harassment and assaulting levelled against the petitioner. As per Para-10

Patna High Court CR. MISC. No.77773 of 2023(3) dt.27-02-2024 2/2 of the bail petition, it appears that after death of the deceased, the petitioner informed about the incident to the informant and in their presence last rituals were completed. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 24.07.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Desari P.S. Case No. 202 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-15, Vaishali at Hajipur.

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