Dinesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27991 of 2017 Arising Out of PS.Case No. -116 Year- 2016 Thana -PUPRI District- SITAMARHI ======================================================

1. Dinesh Paswan, Son of Laxmi Paswan @ Dukha Paswan, Resident of Village- Gadha, P.S. Pupri, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 23.03.2017 in connection with Pupri P.S. Case No. 116 of 2016 for offences punishable under Sections 304-B/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his sister Bindu Devi was married to the petitioner three years back and had a two year old daughter. It is alleged that the petitioner along with his family members has killed his sister due to non-fulfillment of demand of motorcycle.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.27991 of 2017 (5) dt.06-09-2017 2/2 petitioner that he is innocent, is working in Mumbai since last 7-8 years, as stated by some of the prosecution witnesses and that in the post mortem report cause of death could not be ascertained as no injury has been found. He submits that viscera was preserved, a report of which has come, where no substance of poison has been detected. He further submits that the charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail stating therein that the victim lady had died at her in-laws place.

Considering the facts and circumstances and the materials on record and on perusal of the case diary and viscera report, let petitioner, above named, 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 learned SubDivisional Judicial Magistrate, Pupri, Sitamarhi, in connection with Pupri P.S. Case No. 116 of 2016.

(Nilu Agrawal, J) Rajesh/- U T