Patna High CourtCR. MISC./10434/2017bail granted

Vinod Paswan v. The State Of Bihar

2017-03-15Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10434 of 2017 Arising Out of PS.Case No. -68 Year- 2016 Thana -RAMGARH District- BHABHUA (KAIMUR) ====================================================== Vinod Paswan Son of Raj Kumar Paswan Resident of Village-Bhargawan, P.S.-Bhargawan District-Kaimur at Bhabua.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajani Kant Pandey, Advocate.

For the Opposite Party : Ms. Indu Bala Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-03-2017 Heard both sides.

The petitioner apprehends his arrest in Ramgarh P.S. Case No. 68 of 2016, registered for the offences punishable under Sections 304B and 201 of the Indian Penal Code. The informant alleged that on 27.05.2002 his niece was married to the petitioner but after marriage his niece was being subjected to torture due to non-fulfillment of demand of dowry. The informant alleged in his complaint petition filed on 10.05.2007 that on 21.04.2007 his niece was burnt to death. Learned counsel for the petitioner submits that the occurrence took place on 21.04.2007, but the complaint petition was filed on 10.05.2007 and on the basis of the aforesaid complaint petition FIR was lodged on 20.04.2016 i.e. after nine

Patna High Court Cr.Misc. No.10434 of 2017 (2) dt.15-03-2017 2/2 years of the occurrence. The wife of the petitioner died her natural death and the informant and other family members of his wife were duly informed.

Considering the facts aforesaid and the fact that the FIR was lodged after nine years of the occurrence and the complainant did not take any steps, the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to 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 the Chief Judicial Magistrate, Kaimur at Bhabua in Ramgarh P.S. Case No. 68 of 2016, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J.) KKSINHA/- U T