Mauje Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51215 of 2018 Arising Out of PS. Case No.-146 Year-2016 Thana- SAHIYARA District- Sitamarhi ====================================================== Mauje Paswan S/o Late Rameshwar Paswan, R/o Vill.- Dayan Chapra, P.S.- Sahiyara, Distt.- Sitamarhi.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Hans Lal Kumar, Adv.

For the Opposite Party :

Mr. Shyam Bihari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-08-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Sahiyara P.S. Case No.146 of 2016 registered for the offences punishable under Section 302/34 of the Indian Penal Code.

Informant in his fardbeyan has stated that on 21.11.2016 on account of some dispute between the wife of informant and wife of accused, some altercation took place upon which Rita Devi assaulted wife of informant and thereafter all the accused as named in F.I.R. assaulted wife of informant by fists and slap and thereafter the matter was resolved by holding Panchayati. On 23.11.2016 condition of wife of the informant deteriorated and she was taken to the hospital and while

Patna High Court Cr.Misc. No.51215 of 2018(2) dt.31-08-2018 2/2 carrying her to the hospital she died in the way. It has been alleged that due to assault of his wife by accused, she died. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. In the postmortem report there is no external or internal injury found on the person of deceased. The cause of death is attributable to cardiac arrest. Petitioner has no criminal antecedent and he is in custody since 18.05.2018. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sitamarhi in connection with Sahiyara P.S. Case No. 146 of 2016.

(S. Kumar, J) Rajiv/manoj U T