Manish Paswan v. The State Of Bihar And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5173 of 2019 Arising Out of PS. Case No.-503 Year-2017 Thana- MASAUDHI District- Patna ====================================================== MANISH PASWAN Late Binod Paswan Resident of village-Kharant,P.SMasaurhi, Distt.-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Kariban Paswan Late Bishun Dyal Paswan Resident of village-Chamandi, P.S-Kurtha, Distt.-Arwal.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-03-2019 Heard learned counsel for the petitioner learned counsel for the State and learned counsel for the Informant. Petitioner, who is in custody, seeks bail in connection with Masaurhi P.S. Case No. 503 of 2017 registered for the offence punishable under Section 304(B) 34 of the Indian Penal Code.

The accusation is of killing the daughter of the informant by her husband and other in-laws for non- fulfillment of demand of dowry within one year of her marriage and to dispose of her dead body without giving information to the informant.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.5173 of 2019(4) dt.08-03-2019 2/3 daughter of the informant died within one year of her marriage but she died due to cold and cough. After knowing about the real fact, the informant filed an application before the Senior Superintendent of Police, Patna, to set them free to the present case. Petitioner has no criminal antecedent and he is in custody since 21.08.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Masaurhi, in connection with Masaurhi P.S. Case No. 503 of 2017 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.5173 of 2019(4) dt.08-03-2019 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T