Patna High CourtCR. MISC./24099/2014bail granted

Arun Paswan v. The State Of Bihar

2015-01-19Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24099 of 2014 Arising Out of PS.Case No. -38 Year- 2013 Thana -NATWAR District- SASARAM (ROHTAS) ====================================================== Arun Paswan Son of Dharamdeo Paswan @ Dharam Raj Paswan Resident of Village Jamorin, Police Station- Natwar, District- Rohtas. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sanjay Kumar Tiwary For the Opposite Party : Mr. Dr.Ajeet Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-01-2015 Petitioner being husband of the victim is languishing in custody since 18.05.2013 in a case registered for the offences punishable under Sections 302, 328, 201, 34 of the I.P.C.

It is alleged that sister of the informant was married with the petitioner ten years prior to the occurrence. On 18.05.2013 the paternal aunt of the informant informed that sister of the informant died to whom victim suggested that someone mixed up poison in her food.

It is submitted by learned counsel for the petitioner that there is no eye witness to the occurrence about mixing of poison or administering poison. The paternal aunt who informed the informant about the occurrence has not been examined during investigation. It is further submitted that the victim might have committed suicide as she was depressed

Patna High Court Cr.Misc. No.24099 of 2014 (4) dt.19-01-2015 2/2 since all the three children died after birth. Though viscera suggests the presence of Aluminium Phosphide but no resisting injury has been found during postmortem.

Considering the fact that there is no direct evidence of administering poison, let the petitioner, above named, 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 Additional Sessions Judge, 1st, Sasaram, Rohtas in connection with Sessions Trial No. 587 of 2013, arising out of Natwar P.S. Case No. 38 of 2013. Let the Forensic Science Laboratory Report be sealed and return forthwith.

(Dinesh Kumar Singh, J) Shageer/- U T