IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.75451 of 2025 Arising Out of PS. Case No.-252 Year-2022 Thana- LAUKAHI District- Madhubani ======================================================

Kashindra Paswan S/O Laxman Paswan @ Lakshman Paswan R/o village -

Pipraun , P.S.- Laukahi , District - Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Gagandeo Yadav, Advocate Mr. Vinod Kumar, Advocate For the Opposite Party/s : Md. Nazir Ansari, A.P.P.

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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

4 23-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 201 and 34 of the I.P.C.

3. As per the prosecution case, the informant alleged that on 15.10.2022, all the F.I.R named accused persons including the petitioner committed the murder of his daughter and concealed the body in a land.

4. Learned counsel for the petitioner submits that the petitioner has been made an accused in this case after ten years of his marriage only on account of the fact that he happens to be the husband of the deceased. As a matter of fact, the petitioner had committed suicide and there is no allegation of demand of dowry and torture etc. rather there was a love marriage between the petitioner and the deceased and only general and omnibus allegations have been levelled agaisnt the petitioner and other members of the family who have been granted bail. Further, at the relevant time, the petitioner was at Delhi and there are three minor children born out of the wedlock who are staying in the petitioner’s house as has been stated specifically in the bail petition on oath in paragraph 15. It is submitted that only on account of matrimonial discord, the victim had committed suicide. Further, the witnesses examined during the course of investigation are only the family members of the informant besides confessional statement of a co-accused before a police which has no evidentiary value. Petitioner is in custody since 17.12.2024 that is more than two years and the charges have been framed in this case as late as on 07.02.2026 and no witness has been produced on behalf of the prosecution as such there is no likelihood of conclusion of trial in near future.

5. Learned APP for the State opposed the bail petition on the ground that the post mortem report indicates that the death of the deceased was caused on account of strangulation.

6. Taking into consideration the facts and circumstances of the case and considering the fact that there is no allegation of any demand of dowry and torture and the case has been lodged after ten years of the marriage and also considering the period of custody of the petitioner coupled with the stage of the case and specially considering the fact that three minor children are staying in his house who have already lost their mother, the above named petitioner is directed to be enlarged 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 the learned Court below where the case is pending/successor Court in connection with Laukahi P.S. Case No.

252 of 2022, subject to the condition that :

(i) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(Soni Shrivastava, J)

vashudha/-

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