Chhotu Paswan @ Chhotu Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18303 of 2015 Arising Out of PS.Case No. -108 Year- 2013 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ====================================================== Chhotu Paswan @ Chhotu Kumar Paswan, S/o Kanhai Paswan, R/V - Deeh Punas, P.S. Samastipur ( M ), Distt. - Samastipur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 02-07-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Samastipur (M) P.S. Case No.108 of 2013 registered under Sections 302/34 of the Indian Penal Code.
Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that regarding the death of Akhilesh Kumar Paswan, son of Devendra Paswan, due to drowning in the river, U.D. Case No.06 of 2011 was lodged on 22.03.2011. Thereafter, on receiving post-mortem report indicating the fracture of the bone of the neck of the deceased, the informant, who is Officer Incharge, after consultation with the
Patna High Court Cr.Misc. No.18303 of 2015 (2) dt.02-07-2015 2/2 father of the deceased, only on the basis of suspicion raised to the effect that due to domestic dispute four persons including the petitioner had taken to the deceased on the pretext of bathing in the river where they killed the deceased, lodged the present case after two years of lodging of the U.D. Case. Thus, it is submitted that the petitioner has falsely been implicated in this case only on suspicion. The petitioner has no criminal antecedent. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within four weeks, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Samastipur, in connection with Samastipur (M) P.S. Case No.108 of 2013, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T