Patna High CourtCR. MISC./17025/2017bail granted

Jitlal Paswan v. The State Of Bihar

2017-08-02Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17025 of 2017 Arising Out of PS.Case No. -40 Year- 2016 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Jitlal Paswan S/o Bishwanath Paswan, Resident of Village- Basantpur, P.S.- Kundawa Chainpur, District- East Champaran .... Petitioner

Versus

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

For the Petitioner : Mr. N.K. Agarwal, Sr. Adv. with Mr. Dhananjaya Nath Tiwari, Adv.

For the Opposite Party : Mr. Shyam Kumar Singh, APP 138 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-08-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Sections 304B and 201 of the Indian Penal Code. The petitioner is the brother of the husband of the victim.

Submission of the learned counsel for the petitioner is that vide order, dated 03.05.2017, passed in Cr. Misc. No. 9631 of 2017, this Court had already granted anticipatory bail to the husband for the reason that dead body of the victim was cremated in presence of her brother. However, later on, when father of the victim returned from Punjab, he raised suspicion that death for dowry was committed. The Court has, further, considered that there was no witness before the police to support the allegation of demand of dowry and torture for the same and commission of unnatural death of the victim by her in-laws. Considering the aforesaid fact, let the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, be released on

Patna High Court Cr.Misc. No.17025 of 2017 (5) dt.02-08-2017 2/2 anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each in connection with Kundawa Chainpur P.S. Case No. 40 of 2016 to the satisfaction of the Subdivisional Judicial Magistrate, Sikarhana at Dhaka, East Champaran at Motihari, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √