Mahendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36081 of 2016 Arising Out of PS.Case No. -96 Year- 2015 Thana -CHANAN District- BANKA ====================================================== Mahendra Paswan, S/o Chano Paswan, Resident of village- Musaharadih, Police Station- Chandan (Anandpur O.P.), District- Banka. .... .... 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 ---------------- 12-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Chandan (Anandpur) P.S. Case No.96 of 2015 registered under Sections 304(B), 201 and 120(B)/34 of the Indian Penal Code besides Sections 3/4 of the Dowry Prohibition Act.

The allegation is of killing the deceased, the daughter of the informant, due to non fulfillment of the dowry demand of motorcycle by her husband (petitioner) and other in-laws and also to dispose of her dead body.

Learned counsel appearing on behalf of the petitioner submits that, admittedly, the petitioner is the husband of the deceased, the daughter of the informant, and the deceased, the daughter of the

Patna High Court Cr.Misc. No.36081 of 2016 (4) dt.12-04-2017 2/2 informant, died natural death and her last ceremony was performed but with an ulterior motive, the informant, who is the father of the deceased, has lodged this case with false allegation. Further submission is that it would appear from the post-mortem report of the deceased, the daughter of the informant, no external injury was found on her person. The petitioner having no criminal antecedent is in custody since 30.10.2015.

The viscera report of the dead body of the deceased, the daughter of the informant, shows that no Metallic, Alkaloidal, Glycosidal, Pesticidal or Volatile Poison could be detected in the viscera of the dead body of the deceased, the daughter of the informant. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, in connection with Chandan (Anandpur) P.S. Case No.96 of 2015.

(Rajendra Kumar Mishra, J) P.S./- U T