Bundela Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28200 of 2018 Arising Out of PS. Case No.-32 Year-2018 Thana- SARMERA District- Nalanda ====================================================== Bundela Paswan, son of Late Sri Paswan, Resident of Village- Gaushnagar, P.S.- Sarmera, District- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Abhinay Raj For the Opposite Party/s :

Smt. Anita Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Sarmera P.S. Case No. 32 of 2018 for offences punishable under Sections 302, 201, 34 of the Indian Penal Code.

The prosecution case, as lodged by the Chowkidar of the said area, is that he received information that some foul smell is coming from a pond. On removing the mud, a dead body of 19 year old girl was recovered, who is alleged to have been killed 8-10 days back.

It has been submitted by the learned counsel for the petitioner that he is the father of the deceased and has been falsely implicated in the aforesaid case. He submits that there is no eye-witness to the alleged occurrence and just because some

Patna High Court Cr.Misc. No.28200 of 2018(2) dt.10-05-2018 2/2 witnesses have stated that he had threatened his daughter for forceful marriage and on objection he had threatened to kill her, he has been made accused. He submits that no confession has been made by the petitioner either before the Magistrate or before the police and it is most improbable that the father will kill his own daughter. He further submits that the petitioner is ready to cooperate with the investigation/ trial and is languishing in judicial custody since 14.03.2018. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, 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 Addl. Chief Judicial Magistrate-IV, Biharsharif, in connection with Sarmera P.S. Case No. 32 of 2018, subject to the condition that the petitioner will cooperate in the investigation/ trial of the case and will appear before the police station/ court as and when required.

Rajesh/- (Nilu Agrawal, J) U T