Balak Paswan @ Ram Balak Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38428 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -BIRUPUR SAHAYAK District- LAKHISARAI ======================================================
1. Balak Paswan @ Ram Balak Paswan Son of Late Kapil Paswan, Resident of Village- Janpur, P.S.- Birupur, District- Lakhisarai. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nilesh Kumar, Adv For the Opposite Party/s : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner as well as learned APP.
Deceased, Sulochana Devi was murdered in her house and for that informant, her Devar registered this case. As none has been named, so the case was registered against unknown. At an earlier stage, none including son of deceased had named anybody including petitioner. However, as is evident from para-34 of the case diary, son of informant was re-examined who had stated that at about 10:00 PM, petitioner, Balak Paswan telephoned his mother and instructed her to accompany for grass, whereupon his mother had gone. At about midnight, he heard sound of firing. Till then his mother had not returned. After some time, he saw Vakil Paswan, Balak Paswan, petitioner, Padarath Paswan, Girija Paswan, Mukhiya Sri Ashok Paswan, Angad
Patna High Court Cr.Misc. No.38428 of 2017 (3) dt.19-09-2017 Paswan, Mohan Paswan and other came carrying his mother. At that very time, Mukhiyaji had threatened that in case of discloser at his end, will cost his life and so, out of fear he had not stated the same at an earlier occasion. Subsequently thereof, he was also examined under Section 164 CrPC. Charge-sheet has already been submitted.
Accordingly, Balak Paswan @ Ram Balak Paswan is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of ACJM-II, Lakhisarai in Birupur PS Case No. 02/2017.
(Aditya Kumar Trivedi, J) perwez U T