Hare Ram Paswan v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.4034 of 2017 (2) dt.06-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4034 of 2017 Arising Out of PS.Case No. -65 Year- 2013 Thana -MAHILA P.S. District- SEKHPURA ====================================================== Hare Ram Paswan, S/o Prakash Paswan (35 Years) (Husband), R/o Pathala, P.S. & District Lakhisarai.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Rinku Devi, D/o Suresh Paswan, R/o Village Belauni, P.S. Korma, Dist. Sheikhpura.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Sheikhpura (Mahila) P.S. Case No. 65 of 2013 registered for the offences punishable under Sections 323, 341, 498(A), 504, 506, 494/34 of the Indian Penal Code and Sections 3 / 4 of Dowry Prohibition Act.

Rinku Devi was married with the petitioner ten years ago and after two years of marriage the petitioner and other in-laws started demanding cash of Rs. 50,000/- by way of dowry to purchase small vehicle and further used to assault and cause threats. They also tried to burn her by sprinkling kerosene oil on her body but any how the informant saved herself and the accused persons snatched all her ornaments and articles. It is also alleged that the petitioner has performed second marriage.

Patna High Court Cr.Misc. No.4034 of 2017 (2) dt.06-03-2017 Submission is of false implication and that the petitioner being husband is suffering in custody since 16.11.2016, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence. The petitioner has never demanded anything nor he has performed second marriage, he is ready to keep the informant as his wife with dignity but the informant after ten years of marriage has lodged this false case.

Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering the period of custody, 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 the learned S.D.J.M., Sheikhpura in connection with Sheikhpura (Mahila) P.S. Case No. 65 of 2013, subject to the conditions that one of the bailors must be a 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) avin/- U T