Patna High CourtCR. MISC./83542/2023bail granted

Meghu Paswan v. The State Of Bihar

2024-01-24Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83542 of 2023 Arising Out of PS. Case No.-283 Year-2023 Thana- GORAUL District- Vaishali ====================================================== Meghu Paswan S/O Late Raghunath Paswan Resident Of Village- Katarmala, P.S.- Goraul, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shakil Ahmad Khan, Advocate For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-01-2024 Learned counsel for the petitioner is permitted to make necessary correction in the prayer portion of the anticipatory bail petition in course of the day.

2. Heard Mr.Shakil Ahmad Khan, learned counsel for the petitioner and Mr.Umesh Lal Verma, learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Goraul P.S.Case No.283 of 2015, FIR dated 01.07.2023 registered for the offences punishable under Sections 304(B)/34 of IPC and Section 3/4 of Dowry Prohibition Act.

4. The case of the prosecution in brief, is that informant Pramod Paswan has married his daughter Soni Kumari seven years ago with co-accused Chhotu Kumar Paswan

2/4 and after marriage his daughter went to her Sasural, where after lapse of three months of the marriage, her in-laws family members started torturing and assaulting her and told her to bring a motorcycle as dowry, otherwise she will be killed. It is further alleged that on 30.06.2023 at 7 P.M. his son-in-law informed on phone that condition of his daughter is very bad. Thereafter the informant went to Sasural of his daughter and found that inmates of the house absconded leaving the house. Thereafter, administration was informed and on search her dead body was found in the orchard from south of the house. It is further alleged that all the accused persons as named in the FIR have committed murder of his daughter.

5. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. Further submits that in fact the petitioner is not the family member of the deceased and he is only the villager and he has falsely been implicated in the present case due to village politics. Further submits that from a bare perusal of the FIR it appears that there is no specific allegation of any assault or overt-act attributed against the petitioner rather is there is general and omnibus allegation against all the accused persons including the petitioner and other

3/4 co-accused persons are not related to the petitioner.

6. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail 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.-I, Vaishali at Hajipur in connection with Goraul P.S.Case No.283 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

4/4 (III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T