Sanjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32371 of 2017 Arising Out of PS.Case No. -107 Year- 2016 Thana -PATEPUR District- VAISHALI(HAJIPUR) ====================================================== Sanjay Paswan, Son of Rameshwar Paswan, Resident of VillageMajhauliya, P.S.- Patepur, District- Vaishali. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Satya Prakash, Advocate For the Opposite Party : Mr. Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is apprehending his arrest in connection with Patepur P.S. Case No. 107 of 2016 registered for the offences punishable under Sections 304(B) and 201/34 of the Indian Penal Code.

Counsel for the petitioner submits that petitioner is husband of the deceased and he has falsely been made accused in the instant case under Section 304(B) and other sections of the Indian Penal Code by the other relatives of the informant by taking advantage of some paper on which they have obtained thumb impression of the informant, on the assurance that they would arrange for her Vridha Pension. It is further submitted that the accusations have been made as the informant had earlier gifted her share of the land in favour of the petitioner's deceased wife and

Patna High Court Cr.Misc. No.32371 of 2017 (2) dt.13-07-2017 2/2 her other sisters. Further submission is made that the deceased Jagman Devi died due to sudden chest pain and the cause of death was natural. Counsel for the petitioner has placed record, the application filed by the informant before the Superintendent of Police, Vaishali dated 17.03.2017 wherein she has expressed the aforesaid circumstances leading to the lodging of the instant case and the fact that her daughter had died a natural death. From perusal of the same, it appears that the marriage was solemnized 19 years back in 1998 and the instant case under Section 304(B) has been lodged in the year 2016.

In the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. Let the above named petitioner, in the event of his arrest or surrender within four weeks from today, shall be released on bail on his furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-X, Vaishali at Hazipur in connection with Patepur P.S. Case No. 107 of 2016, subject to all conditions as laid down in Section 438(2) of Criminal Procedure Code.

(Madhuresh Prasad, J.) ravi/- U T