Sunil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75408 of 2019 Arising Out of PS. Case No.-126 Year-2019 Thana- NASRIGANJ District- Rohtas ====================================================== Sunil Paswan, Son of Ram Janam Ram, Resident of Village - Pipardih, Police Station- Nasriganj, District- Rohtas.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajani Kant Singh, Advocate For the Opposite Party :

Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 16-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Nasriganj P.S. Case No.126 of 2019 for the offence punishable under Section 302 read with 34 of the Indian Penal Code.

It is contended by the learned counsel for the petitioner that save and except the allegation made by the informant in the first information report, there is no material to corroborate the fact that the wife of the petitioner was killed either by the petitioner or any other person in her matrimonial home. It is further contended that even during investigation nothing has come against the petitioner and the doctor who conducted the postmortem examination on the body of the

Patna High Court CR. MISC. No.75408 of 2019(4) dt.16-03-2020 2/2 deceased also did not notice any antemortem injury on her body. Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioner. On perusal of the case diary, he contended that one of the witness, namely, Satyendra Paswan, whose statement has been recorded in paragraph 8, has stated that the victim was strangulated to death. However, he admits that the medical report of the doctor does not corroborate the said allegation.

Having heard the parties and perused the case diary, the petitioner is directed to be released on bail in the event of his arrest or surrender in the court below 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 A.C.J.MII, Bikramganj, Rohtas in connection with Nasriganj P.S. Case No.126 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J.) Sanjeet/- U T