Bablu Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.11575 of 2016 (3) dt.29-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11575 of 2016 Arising Out of PS.Case No. -43 Year- 2015 Thana -MANPUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Bablu Paswan son of Shiya Sharan Paswan, resident of village- Dhanki, P.S. Manpur, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumari Sujata Sinha For the Opposite Party/s : Mr. Sanjay Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-04-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Manpur P.S. Case No. 43 of 2015 registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code. Soni Devi, the daughter of the informant, was married to the petitioner 10 years ago and out of the wedlock there are two sons and two daughters. Allegedly, due to non-fulfillment of demand of motorcycle, the petitioner and other in-laws burnt Soni Devi to death and also cremated the dead body. Submission is of false implication and that there was cordial relation between the petitioner and his wife, the wife of the petitioner was burnt when she was cooking and this fact, has come during investigation vide para 30 and 31 of the case diary, the

Patna High Court Cr.Misc. No.11575 of 2016 (3) dt.29-04-2016 petitioner is suffering in custody without any fault. Chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.

The learned A.P.P. submits that the petitioner is the husband and the informant and his family members have supported the prosecution case but independent witnesses have stated otherwise.

In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Nalanda at Biharsharif in connection with Manpur P.S. Case No. 43 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T