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Patna High CourtCR. MISC./43624/2017bail granted

Sudama Paswan @ Ramashish Paswan v. The State Of Bihar

2018-01-03Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43624 of 2017 Arising Out of PS.Case No. -57 Year- 2017 Thana -MASAURHI District- PATNA ====================================================== Sudama Paswan @ Ramashish Paswan S/o Late Ram Chandra Paswan Resident of Village - Masaurhi Dih, P.S. - Masaurhi, District - Patna. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Uday Pratap Singh For the Opposite Party/s : Mr. Sri Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-01-2018 Heard the counsels for the parties.

The petitioner seeks bail in connection with Sessions Trial No. 706 of 2017, arising out of Masaurhi (Patna) P.S. Case No. 57 of 2017 instituted for the offences under Sections 302, 201/34 of the Indian Penal Code.

A dead body of a young female was found by the Chaukidar and a case against unknown was registered under Sections 302, 201/34 of the Indian Penal Code. During the course of investigation, it came to the light that deceased was the daughter of Lalita Devi @ Guriya Devi. On arrest, Lalita Devi @ Guriya Devi made a disclosure that she had developed liaison with one Ram Pravesh Rai and with his help, her daughter/ deceased was killed by first intoxicating her and thereafter pressing her neck. The name of the petitioner transpires in the aforesaid confessional statement of Lalita Devi @ Guriya Devi in which the petitioner has been shown to be an accomplice of aforesaid Ram

Patna High Court Cr.Misc. No.43624 of 2017 (3) dt.03-01-2018 2/2 Pravesh Rai. No specific allegation has been levelled against the petitioner except for his having helped Ram Pravesh Rai in killing the deceased.

Learned counsel for the petitioner has submitted that Lalita Devi @ Guriya Devi (mother of the deceased) has been granted bail by a Bench of this Court, whereas Ram Pravesh Rai has been granted anticipatory bail by another Bench of this Court. From the C.D.R report, the location of the petitioner was not found, at the time of occurrence, at the place where the dead body was found; rather it was found out that the petitioner, at the relevant time was at his residence.

The petitioner is in custody since 01.03.2017 and does not have any criminal antecedent.

Taking into account the aforesaid facts, this Court is inclined to grant bail to the petitioner. The petitioner, above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with sureties of the like amount each to the satisfaction of learned Additional District Judge, III, Masaurhi, Patna in connection with Masaurhi (Patna) P.S. Case No. 57 of 2017. (Ashutosh Kumar, J) Shageer/- U T