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Patna High CourtCR. MISC./28098/2019disposed

Wakil Bhagat @ Kokil Paswan v. The State Of Bihar

2019-04-29Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28098 of 2019 Arising Out of PS. Case No.-1605 Year-2015 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Wakil Bhagat @ Kokil Paswan, Son of Late Sita Ram Paswan, Resident of Village- Fatehpur, P.S.-Raghopur, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ramu Paswan, Son of Ganauri Paswan, Resident of Village- Naya Tola Sabnia, P.S.-Athmalgola, District-Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subodh Prasad For the Opposite Party/s :

Mr. Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-04-2019 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Complaint Case No. 1605 (C) of 2015 for the offence under Sections 304(B) and 120B of the Indian Penal Code. Learned counsel for the petitioner submits that after the death of deceased UD case was registered and after 9 months of the registration of UD case, the present complaint case has been filed by the brother of the deceased. The petitioner is in custody since 28.12.2018. He further submits that the police after investigation submitted final form in UD case and as such the petitioner, who is the father-in-law, deserves bail.

Patna High Court CR. MISC. No.28098 of 2019(2) dt.29-04-2019 2/2 Learned counsel appearing for the informant disputes the fact that the police has submitted final form in UD case. In view of the above, the Court below is directed to examine whether final form was submitted by the police after investigation in UD case no. 02 of 2014 and if it is found that final form was submitted by the police in the UD case, the court below (Chief Judicial Magistrate, Vaishali at Hajipur) shall release the petitioner on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each and if it is found that in UD case final form was not submitted, the court below shall refuse to release the petitioner on bail.

With the aforesaid, this application stands disposed of. (Anil Kumar Upadhyay, J) uday/- U T