Ramayan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14907 of 2017 Arising Out of PS.Case No. -170 Year- 2015 Thana -CHENARI District- SASARAM (ROHTAS) ====================================================== Ramayan Paswan, son of Late Ram Surat Paswan, resident of VillageNaraura, P.S. Chenari, District- Rohtas. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Binod Kumar Singh, Adv. For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-05-2017 Heard both sides.

The petitioner seeks bail in Chenari P.S. Case No. 170/2015, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

The informant filed complaint case on the basis of which the present F.I.R. is registered. The informant alleged that his daughter was married to Anil Paswan about 10-12 years ago, but her husband and other in-laws including the petitioner subjected her to physical and mental torture for which she filed a complaint case under Section 498A and 406 of the Indian Penal Code on 14.06.2006. The accused persons took his daughter on 08.05.2015

on undertaking to produce her on the next date in the court, but the accused persons did not produce his daughter in the court and on 06.07.2015 disclosed that daughter of the informant Munni Devi died on 04.07.2015. The informant alleged that he came to know that his daughter was taken to the house of the petitioner and she was strangulated to death.

Learned counsel for the petitioner submits that the petitioner is brother-in-law of the husband of the deceased. The deceased died in her sasural. The informant and his family members took part in the funeral of the deceased. The photograph showed that the mother of the deceased was present by the side of the dead-body of the deceased. The petitioner has no manner of concern with the family affairs of the deceased and her husband. The petitioner is resident of village - Naraura which falls within the jurisdiction of Chenari police station whereas, matrimonial house of the deceased is in village - Jalalpur. Considering the facts aforesaid and nature of allegation made against the petitioner and the fact that the petitioner is brother-in-law of the husband of the deceased and no specific allegation is made against the petitioner, the petitioner abovenamed is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount

each to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram in connection with Chenari P.S. Case No. 170/2015. (Prabhat Kumar Jha, J.) Vinita/- U T