Om Prakash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81702 of 2023 Arising Out of PS. Case No.-145 Year-2023 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Om Prakash Paswan Son Of Late Bhola Shankar Resident Of MohallaSatpura Quila, Muzaffarpur, P.S.- Kazi Mohammadpur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2024 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 sections 304B, 34 of the Indian Penal Code.

3. As per FIR, the allegation against the petitioner and co-accused person is that they committed murder of the informant's daughter due to family dispute.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.81702 of 2023(3) dt.18-01-2024 2/3 committed no offence. He has falsely been implicated in this present case. The petitioner has no concern with the alleged occurrence and there is no prior compliant of torture, harassment and assaulting levelled against the petitioner. The marriage between the parties solemnified in the year 2016 and out of their wedlock one girl child was also born. As per Paras-31 and 32 of the Case Diary, the deceased committed suicide herself and as per Post-mortem Report, doctor opined cause of death is Asphyxia as a result of ante-mortem hanging, except the ligature mark, no any injury marks were found on the body of the deceased. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 16.04.2023.

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 after framing of charge, if not framed. The above named petitioner is directed to be released on bail in connection with Kazi Mohammadpur P.S. Case No. 145 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand)

Patna High Court CR. MISC. No.81702 of 2023(3) dt.18-01-2024 3/3 with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur. (Sunil Kumar Panwar, J) manishkumar/- U T