Vikash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23509 of 2020 Arising Out of PS. Case No.-233 Year-2017 Thana- NAUBATPUR District- Patna ====================================================== VIKASH PASWAN Son of Rajesh Paswan Resident of Village-Naudiha, Police Station- Naubatpur, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Priyedarshi For the Opposite Party/s :

Ms. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-10-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsel are appearing and making submissions from their residence. The Court master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard learned counsel for the petitioner and learned APP for the State .

Learned counsel for the petitioner is expected to honor his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

The petitioner seeks bail in Naubatpur P.S. Case no. 233

Patna High Court CR. MISC. No.23509 of 2020(3) dt.06-10-2020 2/3 of 2017 instituted for the offence under Sections 302, 201/34 of the IPC .

The informant has alleged that his daughter was married with co-accused Pappu Paswan. The allegation is that she has been done to death by her husband along with other co-accused, including the petitioner for non fulfillment of the demand of dowry and also for objecting to the illicit relation of her husband with some lady in the neighbourhood.

Petitioner's counsel submits that the petitioner is 'Dewar' of the deceased. Implication is based on suspicion. The 'Dewar' used to reside separately and that there is no eye witness to the occurrence. It is also submitted that petitioner bears a clean past. He is already in custody since 18.01.2020.

The learned APP has opposed the prayer for bail. Considering the aforesaid, let the petitioner, above named, be released 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 ACJM Danapur, Patna in connection with Naubatpur P.S. Case No. 233 of 2017, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how

Patna High Court CR. MISC. No.23509 of 2020(3) dt.06-10-2020 3/3 he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U