Single Judge order granting bail to the accused in a criminal case alleging offences underSections 341, 498A, 307 IPC and subsequently 302 IPC, involving a dowry death. Bail bonds of Rs. 10,000 with two sureties were directed.
Release on bail by furnishing bonds of Rs. 10,000 with two sureties of the like amount to S.D.J.M., Madhubani.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22431 of 2020
Arising Out of PS. Case No.-495 Year-2019 Thana- JAYNAGAR District- Madhubani
======================================================
RAJESH KUMAR PASWAN Son of Sri Ram Ashish Paswan Resident of Village- Jainagar Goraitol, P.S.- Jainagar, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Pravin Kumar For the Opposite Party/s : Mr.Anil Kumar Singh, APP. ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
3 09-11-2020
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 341, 498A, 307/34 of the Indian Penal Code in which section 302 IPC was added later on.
The prosecution case in short is that the accused persons caused death of the daughter of the informant due to non-fulfilment of demand of dowry.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.02.2020 and has got no
Patna High Court CR. MISC. No.22431 of 2020(3) dt.09-11-2020 2/2
criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. Earlier, the case was instituted under section 307 and other allied sections of the Indian Penal Code. Subsequently, Section 302 IPC was added. In the F.I.R., no overt act is alleged against the petitioner. Subsequently, in course of investigation, overt act is alleged against the petitioner. The petitioner has falsely been implicated in the present case.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Madhubani in connection with Jainagar P.S. Case No. 495 of 2019.
(Sudhir Singh, J)
Pankaj/-
1 issue framed by the court
Whether the petitioner is entitled to be released on bail in a case involving allegations of dowry death and attempted murder.
2 provisions across 1 enactments
Rajesh Kumar Paswan
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
