Subalal Paswan @ Sugalal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77872 of 2018 Arising Out of PS. Case No.-78 Year-2017 Thana- KINJAR District- Jehanabad ====================================================== Subalal Paswan @ Sugalal Paswan Son of Sri Hira Paswan Resident of Village - Jhunathi, P.S. Kinjar, Distt. - Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niraj Kumar For the Opposite Party/s :

Mr.Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Kinjar P.S. Case No. 78 of 2017 registered for the offence punishable under Sections 341, 323, 504, 506, 304(B) and 34 of the Indian Penal Code. Informant is the mother of the deceased who in her written complaint has stated that her deceased daughter was married to petitioner nine years earlier and there was no any complaint against petitioner or his family members and she was living happily and they had a happy married life. However, she came to know that 10 days before her daughter has been assaulted and killed by petitioner and his family members. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. His wife died due to illness, for which she was being treated in the

Patna High Court Cr.Misc. No.77872 of 2018(2) dt.04-01-2019 2/2 hospital and thereafter she was referred to P.M.C.H. were she died on 19.07.2017 and cause of death has been assigned as Disseminated Intravascular Coagulation. Petitioner has got no criminal antecedent and is in custody since 12.04.2018. 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 S.D.J.M, Arwal, District- Arwal, in connection with Kinjar P.S. Case No. 78 of 2017 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or 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/manojU T