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Patna High CourtCR. MISC./21827/2019bail rejected

Remu Paswan @ Renu Paswan v. The State Of Bihar

2019-04-17Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21827 of 2019 Arising Out of PS. Case No.-388 Year-2017 Thana- MASAUDHI District- Patna ====================================================== REMU PASWAN @ RENU PASWAN Son of Suresh Paswan Resident of Village- Laxmi Chak, P.S.- Masaurhi, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Syed Ehteshamuddin For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-04-2019 Heard learned counsel for the parties.

Earlier the bail of the petitioner was rejected vide order dated 26.11.2018 in Criminal Miscellaneous No. 54125 of 2018 with liberty to renew his prayer for bail after framing of charge. Petitioner seeks bail in a case registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.

Informant is the father of deceased who in his FIR has alleged that his daughter was married to petitioner 10 years before and from the said wedlock three daughters were born. There is allegation that petitioner has developed illicit relation with some other lady which was being opposed by her daughter

Patna High Court CR. MISC. No.21827 of 2019(2) dt.17-04-2019 2/3 as a result of which she was killed by petitioner and his other family members.

It has been submitted on behalf of the petitioner that the allegations are vague and there is no eye witness to the occurrence and the allegations against the petitioner and other accused are general and omnibus in nature. Petitioner was granted liberty to renew his prayer for bail after framing of charge. It has been further submitted by learned counsel for the petitioner that the charges have been framed against the petitioner and others on 16.01.2019.

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/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Masaurhi P.S. Case No. 388 of 2017 (G.R. No. 1058 of 2017) (S. Tr. No.656 of 2018), with following conditions:- (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 shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or

Patna High Court CR. MISC. No.21827 of 2019(2) dt.17-04-2019 3/3 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) ranjan/- U