Shankar Paswan @ Kariya @ Kariya Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42274 of 2014 Arising Out of PS.Case No. -269 Year- 2013 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ====================================================== Shankar Paswan @ Kariya @ Kariya Paswan son of Late Dular Chand Paswan Resident of Village - Tasmain Patti, Sanichra, P.S. - Kusheshar, District - Darbhanga.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Dudh Nath Singh For the Opposite Party/s : Mr. Ashok Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 14-05-2015 Heard counsel for the petitioner and learned APP for the State.

Initially, the case was recorded under sections 302 and 201/34 IPC for the alleged killing of the sister of the informant inside the matrimonial home within 5-6 years of her marriage with the co accused Manoj Paswan. Subsequently, section 304-B IPC was added. It is alleged that due to non fulfilment of demand of dowry the sister of the informant was done to death in her matrimonial home. When he received information and rushed to the house no one was present inside the house save and except two siblings of the deceased. The dead body was also removed. Counsel for the petitioner submits that in the FIR only a general allegation against the petitioner has been made although he is not a family member of the husband of the deceased. He is a co villager. On mere suspicion he has been named. The petitioner is languishing in jail since 08.08.2014.

Patna High Court Cr.Misc. No.42274 of 2014 (3) dt.14-05-2015 2 / 2 Learned APP on going through the case diary does not controvert the aforesaid contention of the petitioner that nothing has come during investigation to indicate that the petitioner is a relative/family member of the husband of the deceased. In the facts and circumstances of the case, the petitioner abovenamed is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Biraul at Benipur, Darbhanga in connection with Kusheshwar Ashan (Dileshwar O.P.) P.S. Case No. 269 of 2013 on condition that one of the bailors shall be his own/close family member. In the event of framing of charge, the petitioner shall appear in person on each date fixed at the trial. In case of default on two consecutive dates, the trial court shall cancel the bail bonds and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) HR/- U