Dharamveer Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.41208 of 2015 (3) dt.30-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41208 of 2015 Arising Out of PS.Case No. -162 Year- 2014 Thana -BIBHUTIPUR District- SAMASTIPUR ====================================================== Dharamveer Paswan, Son of Ram Kumar Paswan, resident of VillageAlampur, P.S.- Bibhutipur, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amitabh Bhardwaj For the Opposite Party/s : Mr. Smt. Renuka Ratnakar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Bibhutipur P.S. Case No.162/2014 registered under Sections 304(B)/34 of the Indian Penal Code.

The prosecution case, in short, is that the sister of the informant was married to the petitioner in the year 2012. She had lived at her sasural for about six months but thereafter a motorcycle was demanded and on account of non-fulfilment of the same, she was subjected to cruelty and torture in various ways. It is submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. He is in custody since 23.12.2014. The charge sheet has been submitted in this case for

Patna High Court Cr.Misc. No.41208 of 2015 (3) dt.30-10-2015 the offence under Section 306 of the Indian Penal Code. There is no allegation of tampering with the evidence against the petitioner. He has been made accused due to mistake of fact. There is no eye witness to the alleged occurrence. There is no substantive piece of evidence against the petitioner. It is further submitted that the petitioner may be released on bail after completion of one year from the date of custody, i.e., 23.12.2014.

On behalf of the State, it has been submitted that the petitioner is named in the first information report and the charge sheet has been submitted under Section 306 of the Indian Penal Code.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail after completion of one year from the date of custody, i.e., 23.12.2014 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Samastipur in connection with Bibhutipur P.S. Case No. 162/2014.

(Sudhir Singh, J) V.P.Sinha/- U