Srikant Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88463 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- SIGAUDI District- Patna ====================================================== Srikant Paswan Son of Chabinath Paswan @ Jhapsi Paswan Resident of Village - Nadhari, P.S.- Sigori, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Dr. Ajeet Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 11-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sigori P.S. Case No. 97 of 2024, registered for the offences punishable under Sections 103 read with Section 3(5) of the B.N.S.

3. As per the prosecution story in brief is that on the basis of the fardbeyan of one Mahendra Paswan, it was alleged that marriage of informant's daughter, namely, Sangita Devi was solemnized around 13 years ago with one Srikant Paswan (petitioner). It was further alleged in the FIR, that right after marriage, the informant's daughter was being assaulted by the petitioner and others. It has further been asserted that in the evening of 20.07.2024, petitioner along with his father and elder

Patna High Court CR. MISC. No.88463 of 2024(3) dt.11-04-2025 2/3 brother had come to the house of informant where her daughter was residing at that relevant time and after taking dinner they had all gone to sleep. It is further alleged that in the night, the said accused persons including the petitioner took the informant's daughter around 15 meters away from the home in the Khaliyan and committed murder by pressing her neck and thereafter they all ran away.

4. Leaned counsel for the petitioner submits that petitioner and all others are innocent and have falsely been implicated in this case and the prosecution story is false, fabricated and concocted which does not bear any truth. Learned counsel further submits that there is no eye-witness to the occurrence and there is no specific allegation against any of the accused persons including the petitioner. It has further been submitted that the marriage was solemnized about 13 years ago and no reason whatsoever have been assigned as to why such incident has occurred. Learned counsel also submits that petitioner has clean antecedent. Lastly, he has submitted that the petitioner is in jail custody since 25.07.2024 and hence he may be released on bail.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail and states that the petitioner being

Patna High Court CR. MISC. No.88463 of 2024(3) dt.11-04-2025 3/3 the husband and who was present at his matrimonial house and has been alleged to have strangulated the deceased Sangita Devi should not be granted the benefit of bail.

6.

Considering the aforesaid facts and circumstances and taking the submissions into consideration and also taking the note of the fact that the post-mortem report does not show any sign of throttling of neck and the averment made by the informant in the fardbeyan does not find any corroboration from the medical report, I am inclined to grant the petitioner the privilege of regular bail.

7. Accordingly, the prayer for bail is allowed.

8. Let the petitioner, above named, 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 the court of learned Judicial magistrate-1st Class, Danapur, DistrictPatna/concerned court in connection with Sigori P.S. Case No. 97 of 2024.

(Sourendra Pandey, J) Siwani/- U T