IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15253 of 2024
Arising Out of PS. Case No.-49 Year-2023 Thana- KORANSARAI District- Buxar
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Kameshwar Paswan S/o Bhuwali Paswan @ Bhuali Paswan R/o Village and
P.S.- Koransarai, District- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Arvind Kumar Pradhan
For the Opposite Party/s : Mr.Mohammed Arif
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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
ORAL ORDER
4 28-06-2024 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 304(B) and
120(B) of the Indian Penal Code.
3. It is a case of dowry death of the informant’s
daughter due to non-fulfillment of dowry demand.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
falsely been implicated in this case because he is the husband of
the deceased. There is no prior complain in respect of torture,
harassment and dowry demand. It is further submitted from
para-8 of this petition that the said deceased is short tempered
lady and always used to talk on mobile with her matrimonial
Patna High Court CR. MISC. No.15253 of 2024(4) dt.28-06-2024
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family members. From this, her husband objected for the same
therefore, quarrel has been done between them due to which she
committed suicide in the heat of anger. From perusal of the
postmortem report, it appears that the cause of the death of the
deceased is asphyxia following hanging. A statement has been
made in para-3 of this petition that the petitioner has got no
criminal antecedent. Moreover, he is languishing in judicial
custody since 12.06.2023.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6.Having heard learned counsel for the parties and
considering the facts and circumstances of the case as well as
custody of the petitioner, this court is inclined to enlarge the
petitioner on bail. The above named petitioner is directed to be
released on bail after framing of charge if the charge is not
framed in connection with Koransarai P.S. Case No. 49 of 2023
on furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
A.D.J.-4, Buxar.
(Sunil Kumar Panwar, J)
Shubham/-
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