Single judge allowed the first bail application as infructuous due to the petitioner's demise and granted bail to the second petitioner in a dowry death case on furnishing a bond and sureties.
Petitioner 1 dismissed as infructuous; Petitioner 2 enlarged on bail with bond of Rs. 10,000 and two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7083 of 2023
Arising Out of PS. Case No.-100 Year-2021 Thana- MAJORGANJ District- Sitamarhi
======================================================
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Hans Lal Kumar For the Opposite Party/s : Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 01-05-2023
the petitioner submitted that due to sudden demise of demise of Petitioner No. 1, namely, Deeplal Paswan, this application against him become infructuous.
This application in respect of petitioner No. 1, namely, Deeplal Pawan is dismissed as infructuous.
So far as petitioner No. 2, namely, Manoj
Paswan is concerned, he prayed for regular bail in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.7083 of 2023(2) dt.01-05-2023 2/3
It is a case of dowry death due to non fulfillment of dowry demand.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Petitioner is brother-in-law of the deceased and he has no concern with the mess and business of the deceased as well as her husband. He lives separately with them. There is no specific overt act of allegation levelled against him. It is further submitted that husband of the deceased is already in judicial custody. Moreover, the petitioner is languishing in judicial custody since 07.05.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody,
Patna High Court CR. MISC. No.7083 of 2023(2) dt.01-05-2023 3/3
this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Majorganj P.S. Case No. 100 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sitamarhi.
(Sunil Kumar Panwar, J)
Nirajkrs/-
U T
2 issues framed by the court
Whether the application for bail became infructuous due to the death of the first petitioner.
Whether bail should be granted to the second petitioner in a case of dowry death under Section 304(B) IPC.
1 provisions across 1 enactments
Deeplal Paswan
Manoj Paswan
The State of Bihar
Naresh Paswan
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
