Manohar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87858 of 2024 Arising Out of PS. Case No.-157 Year-2024 Thana- SATHI District- West Champaran ====================================================== Manohar Paswan S/O Harendra Paswan R/O Village- Dharampur, P.S- Sathi, Distt.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raki Alam, Advocate For the State :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-01-2025 Heard the parties.
2. The petitioner is in judicial custody in connection with Sathi P.S. Case No. 157 of 2024 for the offences punishable under Section 80 of the Bharatiya Nyaya Sanhita, lodged on 14.08.2024 by the informant, Fula Devi.
3. As per the prosecution story, the informant alleged that the deceased was married to this petitioner and on the fateful day, she was informed about the lady having committed suicide, the informant rushed to the place and through key hole found her hanging. Subsequently, the dead body was taken out which followed the F.I.R.
4. Learned counsel for the petitioner submits that he had already lost his wife, the fact remains that the informant herself has saw her hanging, though, there has been some delay
Patna High Court CR. MISC. No.87858 of 2024(2) dt.08-01-2025 2/3 in going to judicial custody, he is in custody since 19.09.2024 having no criminal antecedent and if granted bail shall be diligently appearing in trial.
5. Learned APP for the State opposes the prayer submitting that he is the husband.
6. Considering the submissions put forward by the parties as also the fact that an unfortunate incident has taken place, the informant has seen the lady hanging, it is a case of suicide, as alleged, the petitioner has undertaken to diligently appear in trial, in that background, this Court is inclined to extend him the privilege of bail.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bettiah, West Champaran in connection with Sathi P.S. Case No. 157 of 2024, subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court failure to do so for two consecutive dates
Patna High Court CR. MISC. No.87858 of 2024(2) dt.08-01-2025 3/3 without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T