Rajesh Paswan @ Rajeshwar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6557 of 2019 Arising Out of PS. Case No.-845 Year-2018 Thana- PHULWARISHARIF District- Patna ====================================================== Rajesh Paswan @ Rajeshwar Paswan (Male), aged about 60 years, Son of Rambrisha Paswan, Resident of Mohalla - Kanahiya Nagar, P.S.- Phulwarisarif, District.- Patna ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kuamr Thakur, Adv.

Mr. Shashank Shekhar, Adv.

Ms. Swati Sinha, Adv.

For the Opposite Party/s :

Mr.Ajay Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-02-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Phulwarisharif P.S. Case No. 845 of 2018 registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

Informant is the mother of deceased, who in her fardbeyan has stated that her daughter married with Aryan of her own choice but thereafter relations became estrange between them. Aryan informed her that her daughter is admitted in hospital and thereafter he informed that she is admitted in P.M.C.H. and subsequently that her dead body is lying in

Patna High Court Cr.Misc. No.6557 of 2019(2) dt.13-02-2019 2/2 'Bansghat' for cremation.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner is father-in-law of the deceased and was residing separately and was not concerned with the affairs of his son or daughter-in-law. He has no criminal antecedent and is in custody since 15.10.2018. 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 A.C.J.M-XV, Patna, in connection with Phulwarisharif P.S. Case No. 845 of 2018, subject to conditions:

(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 shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

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