Tuntun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30868 of 2020 Arising Out of PS. Case No.-4 Year-2020 Thana- PHENHARA District- East Champaran ====================================================== TUNTUN PASWAN Son of Moti Paswan Resident of Village - Ratanwa, P.S.- Phenhara, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr. Prem Kumar Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 302 of the Indian Penal Code. The prosecution case in short is that the accused persons committed murder of the daughter of the informant by strangulating her.

Patna High Court CR. MISC. No.30868 of 2020(2) dt.24-11-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.3.2020 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. For political reasons, the petitioner has been made accused in the present case. There is no external injury on the body of the deceased. Subsequently, vide Annexure-3 to the present application, the informant has retracted from the earlier statement as made in the F.I.R. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -12th Motihari, East Champaran in connection with Phenhara P.S. Case No. 4 of 2020.

(Sudhir Singh, J) Pankaj/- U T