Sandeep Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46638 of 2015 Arising Out of PS.Case No. -20 Year- 2014 Thana -MANPUR District- NALANDA (BIHARSHARIFF) ====================================================== Sandeep Paswan, S/o Rajendra Paswan, Resident of Village - Nebajee Bigha, Police Station - Manpur, District - Nalanda. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. T.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in Manpur P.S. Case No. 20 of 2014 registered for the offences punishable under Sections 498(A), 304(B) and 201/34 of the Indian Penal Code.

Allegedly, Rina Devi sister of the informant was married to the petitioner seven years ago and out of the wedlock there is one son and one daughter, but for last one year due to non-fulfillment of demand of dowry by way of Rs.20,000/- and colour television, she was being assaulted and ultimately, she was killed and her dead body was also made traceless.

Submission is of false implication and that during investigation, the witnesses have not supported the prosecution version in paras 20, 21, 83, 84 and 85 of the case diary. The informant after

Patna High Court Cr.Misc. No.46638 of 2015 (3) dt.11-01-2016 2/2 knowing the reality has also filed a petition in the Court below stating the innocence of the petitioner, as the sister of the informant died due to heart attack.

The learned A.P.P. fairly submits that the witnesses in those paras have not supported the prosecution version and now the informant has filed petition and retracted from his earlier version. In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Biharsharif, Nalanda in connection with Manpur P.S. Case No. 20 of 2014, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail (Jitendra Mohan Sharma, J) manish/- U T