Krishna paswan @ Krishn Kumar @ krishna kumar v. The State of Bihar
CR. MISC./78245/2024 · 2025-01-28
R P Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 80780 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 80780 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78245 of 2024 Arising Out of PS. Case No.-135 Year-2024 Thana- TEGHRHA District- Begusarai ====================================================== Krishna paswan @ Krishn Kumar @ krishna kumar S/O Late Nagina paswan R/O Village- Naya Tola Daniyapur, Ward No.- 06, P.S.- Teghra, District- Begusarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bipin Kumar, Advocate For the Opposite Party/s : Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 28-01-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary. 2. The petitioner seeks bail in connection with Teghra P.S. Case No. 135 of 2024 instituted for the offence under Sections 304(B) & 34 of the Indian Penal Code. 3. Prosecution case in short is that sister of the informant was done to death at her matrimonial house by her in- laws due to non-fulfillment of the demand of dowry. 4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21-05-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application. 5. It has been further submitted by the petitioner’s
Patna High Court CR. MISC. No.78245 of 2024(3) dt.28-01-2025 2/3 counsel that petitioner has been falsely implicated in the present case. Petitioner is the husband of the deceased and has not committed any offence as alleged in the FIR. In fact, petitioner was not present at the time of the occurrence. There is no eye- witness to the occurrence. The deceased herself has committed suicide. There is no specific allegation attributed to the petitioner, rather allegation is general and omnibus in nature. It is lastly submitted that charge sheet has been submitted in this case. 6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is contended by referring to paragraph No. 30 of the case diary, that doctor has opined the cause of death due to asphyxia as a result of hanging. It is next submitted that FSL team has collected the blood soaked soil and broken pieces of bangles from the place of occurrence, which suggests that some scuffle has taken place prior to the incident. 7.
Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no cogent material against the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8. Let the petitioner be released on bail on
Patna High Court CR. MISC. No.78245 of 2024(3) dt.28-01-2025 3/3 furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Teghra P.S. Case No. 135 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. Raj Kishore/- (Rudra Prakash Mishra, J) U T