Ajay @ Hirdalal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20035 of 2016 Arising Out of PS.Case No. -189 Year- 2015 Thana -BARHARA District- BHOJPUR ====================================================== Ajay @ Hirdalal Paswan Son of Suryanath Paswan Resident of VillageSaraiya, Police Station Barhara (Krishnagarh ) in the district of Bhojpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sushant Kumar, Advocate For the Opposite Party/s : Mr. Ram Naresh Roy (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections 304B, 201/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

Petitioner happens to be husband of the deceased and is languishing in jail custody since 22.6.2015. Neither date nor year of marriage has been disclosed in the written report of the informant but even then the concerned Officer-in-charge registered a case for the offence punishable under Section 304(B) of the I.P.C. Moreover, informant admits this fact that information regarding the death of the deceased was sent to him by younger brother of the petitioner. No doubt, it has

Patna High Court Cr.Misc. No.20035 of 2016 (2) dt.06-05-2016 2/2 been mentioned by the informant in his written report that earlier petitioner had demanded cycle and gold chain in dowry but the informant has, nowhere, mentioned in the written report that due to non-fulfillment of aforesaid demand, the deceased was subjected to cruelty prior to her death.

Submission on behalf of the petitioner is that the marriage of the deceased had taken place in May,2007 and, as a matter of fact, she died beyond seven years of her marriage and her death was natural death and information regarding the death of the deceased was immediately sent.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of the fact that investigation has already been completed, 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 Additional Chief Judicial Magistrate, Bhojpur at Ara in connection with Barhara (Krishnagarh) P.S. Case No.189 of 2015.

(Hemant Kumar Srivastava, J) N.H./- U T