Sunil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68940 of 2018 Arising Out of PS. Case No.-140 Year-2018 Thana- GOVINDGANJ District- East Champaran ====================================================== Sunil Paswan Son of Shambhu Paswan, Resident of Village-Chintamanpur, Police Station-Govindganj (Malahi), District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar No.-7 For the Opposite Party/s :

Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Govindganj (Malahi) P.S. Case No. 140 of 2018 registered for the offence punishable under Sections 3147, 323, 313, 498(A), 504, 506 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Allegation against petitioner is of assaulting and torturing the informant for non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that petitioner is the husband of informant and has been falsely implicated in this case. It has been further submitted that informant wants to reside separately from her in laws because of

Patna High Court Cr.Misc. No.68940 of 2018(2) dt.04-12-2018 2/2 which she lodged the present case. Petitioner has no criminal antecedent and he is in custody since 21.06.2018. Considering the aforesaid facts 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 Additional Chief Judicial Magistrate 1st, East Champaran at Motihari, in connection with Govindganj (Malahi) P.S. Case No. 140 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T