Banshi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89143 of 2024 Arising Out of PS. Case No.-101 Year-2023 Thana- DHANGAI District- Gaya ====================================================== Banshi Paswan S/o Late Dhaneshwar Paswan R/o Village - Pararia, P.SDhangai, Dist.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar, Advocate.

For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-01-2025 Heard Mr. Vijay Kumar, learned counsel appearing on behalf of the petitioner and Mr. Mukesh Kumar Singh, learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Dhangai P.S. Case No. 101 of 2023 for the offence punishable under Sections 302, 304(B)/201 of the Indian Penal Code.

3. As per the allegation made in the FIR, the petitioner along with other accused persons for non-fulfillment of the demand of dowry committed murder of the sister-in-law (sali) of the informant.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that the petitioner is uncle of the husband of the deceased and he is

Patna High Court CR. MISC. No.89143 of 2024(2) dt.17-01-2025 2/3 nowhere connected with the matrimonial relationship between the deceased and her husband. The petitioner has clean antecedent and he is in custody since 01.10.2024.

5. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

6. Considering the aforementioned facts and circumstances of the case and the fact that the petitioner is uncle and he has no concern with the affairs of the deceased and her husband, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Sherghati at Gaya in connection with Dhangai P.S. Case No. 101 of 2023, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

Patna High Court CR. MISC. No.89143 of 2024(2) dt.17-01-2025 3/3

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

7. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T