Hitlal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9631 of 2017 Arising Out of PS.Case No. -40 Year- 2016 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Hitlal Paswan, S/o Bishwanath Paswan, Resident of Village- Basantpur, P.S.- Kundawa Chainpur, District- East Champaran (Motihari). .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-05-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 304B and 201 of the Indian Penal Code.

The petitioner is the husband of the victim lady. The petitioner informed to the brother of the victim that the victim has died of Cholera. Thereafter, cremation of the dead body was done. Later on, when the father of the victim returned from Punjab he raises suspicion that there was demand of dowry and for nonfulfillment of the same death was caused. Submission of the petitioner is that belated FIR is just to harass this petitioner. There is no witness who supported

Patna High Court Cr.Misc. No.9631 of 2017 (4) dt.03-05-2017 before the police the allegation of the demand of dowry and torture for the same or commission of unnatural death of the victim.

Considering the entire facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sikarhana at Dhaka, Motihari/Successor Court in connection with Kundawa Chainpur P.S. Case No.40 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and subject to the further condition that petitioner shall fully cooperate with the investigation and trial of the case, failing which the Court below shall be at liberty to take steps for cancellation of the bail bonds of the petitioner in this case.

Arvind/- (Birendra Kumar, J) U T