Ram Badan Paswan @ Ram Baran Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13399 of 2019 Arising Out of PS. Case No.-280 Year-2018 Thana- BIBHUTIPUR District- Samastipur ====================================================== Ram Badan Paswan @ Ram Baran Paswan, Son of Rameshwar Paswan, R/o village- Deshari , Ward no. 14, P.S- Bibhutipur, Dist.- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Basant Kumar Singh For the Opposite Party/s :
Mr. Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-03-2019 Heard leaned counsel for the petitioner and learned APP for the State.
The petitioner, being the father of the husband of the victim, is languishing in custody since 08.10.2018 in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.
The prosecution case as per the written report of Manju Devi submitted to SHO, Bibhutipur Police Station is to the effect that the daughter of the informant, Rubi Kumari was married with Vikash Kumar @ Vikky about six years prior to the lodging of the present case. Some time after the marriage,
Patna High Court CR. MISC. No.13399 of 2019(2) dt.07-03-2019 2/3 further dowry demand of Rs.60,000/- and a cow was made and due to non-fulfillment of the same, torture was inflicted upon the daughter of the informant. It is further alleged that she received an information on her mobile phone that her daughter has been killed by her in-law family members including her husband and when she reached in-law's house of the victim, she found half burnt dead body of her daughter.
It is submitted by learned counsel for the petitioner that the thrust of accusation is against the husband of the victim and in fact, the victim has committed suicide, due to some quarrel with her husband. It is further submitted that the husband of the victim is still in custody. A statement has been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP for the State submits that there is specific accusation against the petitioner.
Considering the fact that the thrust of accusation is against the husband of the victim and investigation has already been concluded, coupled with statement made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two
Patna High Court CR. MISC. No.13399 of 2019(2) dt.07-03-2019 3/3 sureties of the like amount each to the satisfaction of learned ACJM-Ist, Rosera in connection with Bibhutipur P.S. Case No.280 of 2018.
(Dinesh Kumar Singh, J) Deepak/Rahul/- U T