Pawan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9312 of 2015 Arising Out of PS.Case No. -281 Year- 2014 Thana -BOCHHA District- MUZAFFARPUR ======================================================

1. Pawan Kumar Singh S/o Mahendra Narayan Singh, Resident of villageKaranpur Manbhitar, P.S.- Bochahan, District- Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Pramod Kr.Panday(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-04-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has been in custody since 18.10.2014 in Bochahan P.S.Case No. 281/2014 registered for offences under section 302/120 (B) of the Indian Penal Code and 3 (2) (V) of the Schedule Caste and Scheduled Tribes (Prevention of Atrocities)Act.

Learned counsel for the petitioner submits that the present case has been filed by the informant, who is Mausa of the deceased lady and not the father, who is very much alive and has not made any complaint against the petitioner. Learned counsel for the petitioner submits that the informant and his wife had made an application putting pressure on the employer of the deceased stating that they were entitled to half of the salary of the deceased and the same should be given to

Patna High Court Cr.Misc. No.9312 of 2015 (2) dt.10-04-2015 2/2 the wife of the informant as she was taking care of the brother of the deceased.

Learned counsel for the petitioner further points out that even the father of the deceased is still alive and under the circumstances the said father would take steps for filing case against the petitioner, rather it would not be next relative to institute the present prosecution. It has also been pointed out that on receipt of application from the Informant's wife, a show cause has been issued by the Medical Officer I/C, Primary Health Centre, Bochahan asking for an explanation from the deceased in which she had clearly indicated that the informant had been black mailing her and she was ready and willing to keep her brother Ravi Kumar.

Considering the aforementioned submissions and also the fact that the petitioner is in custody since 18.10.2014, let the petitioner Pawan Kumar Singh be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st class, Muzaffarpur in connection with Bochahan P.S.Case No. 281/2014.

(Anjana Mishra, J) Sudha/- U T