Justice Satyurat Verma granted bail to the petitioner in a murder case involving dowry demands, noting the charge-sheet was filed and the deceased died in hospital, with the petitioner caring for two children.
Released on bail bond of Rs. 10,000/- with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18247 of 2021
Arising Out of PS. Case No.-57 Year-2016 Thana- BHADAUR District- Patna
======================================================
Ravindra Paswan Son of late Ramprit Paswan Resident of Village- Dahaba, P.S- Bhadauur Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s : Ms. Anita Kumari Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
4 10-01-2022
Heard learned counsel for the petitioner and learned
A.P.P. for the State through virtual Court proceedings.
The petitioner seeks bail in connection with Bhadaur P.S. Case No. 57 of 2016 instituted for the offences under Sections 328, 302 and 34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry and Prohibition Act.
Learned counsel for the petitioner submits that the petitioner is in custody since 04.09.2020, charge-sheet has been submitted in the case and has got one criminal antecedent as mentioned in the supplementary affidavit as in the present bail application, inadvertently it was recorded that petitioner is a person with clean antecedent.
Learned counsel for the petitioner submits that informant in the F.I.R. alleges that his daughter was married to
Patna High Court CR. MISC. No.18247 of 2021(4) dt.10-01-2022 2/3
the petitioner ten years ago and out of the wedlock a male child was born who is five years of age and the petitioner along with his family members was demanding a motorcycle and Rs. 50,000/- by way of dowry. Further, that on 29.06.2016, the informant was informed by villagers of his son-in-law that his daughter has been killed by sprinkling kerosene oil, accordingly the informant reached the place of occurrence and came to know that his daughter has been taken to P.M.C.H. for treatment where she died in course of treatment.
Learned counsel for the petitioner submits that parents of the petitioner have died and he has two children who are living with him. It is further submitted that the deceased was taken to hospital for treatment where she died hence no effort was made to conceal the occurrence. Further, it is submitted that deceased died due to short circuit and postmortem of the deceased was also done which records death due to burn injuries. It is further submitted that the petitioner and the deceased stayed altogether for fourteen/ten years as alleged and no complaint ever came to be filed then why the petitioner after such a long marriage would kill his own wife when he has two children from the wedlock and in absence of his wife and parents, the life of the petitioner would become difficult to look
Patna High Court CR. MISC. No.18247 of 2021(4) dt.10-01-2022 3/3
after his children.
Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the fact that the petitioner is in custody since 04.09.2020, charge-sheet has been submitted in the case and has two children to look after and that no effort was made to conceal the occurrence rather the deceased was taken to the hospital for treatment where she died, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Shri P.K. Tiwary, learned Judicial Magistrate, Barh, Patna in connection with Bhadaur P.S. Case No. 57 of 2016.
(Satyavrat Verma, J)
Rishi/-
U T
1 issue framed by the court
Whether the petitioner, charged with murder and demanding dowry, is entitled to bail while in custody.
Ravindra Paswan
The State of Bihar
SATYAVRAT VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
