Rupesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83581 of 2019 Arising Out of PS. Case No.-184 Year-2019 Thana- KESARIA District- East Champaran ====================================================== RUPESH PASWAN Son of Arun Paswan Resident of Village - Hamidpur, Ward No. 6, P.S.- Kesariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmendra Kumar Paswan For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 304B and 34 of the Indian Penal Code. Allegation against the accused persons is of committing torture and thereafter caused death of the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.5.2019 and has got no criminal antecedent. There is no allegation of tampering of

Patna High Court CR. MISC. No.83581 of 2019(5) dt.05-06-2020 2/2 witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. A petition has been filed on behalf of the informant in the Court below in which the informant has retracted from the earlier statement made in the F.I.R. The said application is Annexure-2 to the present application.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, is directed to be released on bail on his personal bond to the satisfaction of Additional District & Sessions Judge-V, East Champaran at Motihari in connection with Kesariya P.S. Case No. 184/19. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T