Uma Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31546 of 2020 Arising Out of PS. Case No.-103 Year-2019 Thana- CHACKMEHSI District- Samastipur ====================================================== UMA PASWAN, aged about 45 years, S/o- Late Yadu Nandan Paswan R/VKanojar, P.S.- Chakmehsi, District- Samastipur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ajay Kumar, Advocate For the Opposite Party :

Mr Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-01-2021 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor representing the State. The petitioner apprehends arrest in a case registered for the offence punishable under sections 304B/34 of the Indian Penal Code.

As per the prosecution case, daughter of the informant was killed by this petitioner along with other ca-accused persons due to non-fulfilment of demand of dowry.

It is submitted on behalf of the petitioner that the petitioner is father-in-law of the deceased and is separate in mess and business from the husband of the deceased. There is no specific allegation against the petitioner. From perusal of the post mortem report, it appears that the doctor has opined cause of death was due to mechanical asphyxia due to strangulation. Specific allegation is against the husband of the deceased, who

Patna High Court CR. MISC. No.31546 of 2020(2) dt.25-01-2021 2/2 is already in custody.

As the specific allegation is against the husband of the deceased and there is general and omnibus allegation against the petitioner, who is father-in-law of the deceased, his prayer for bail of the petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate 1st Samastipur in Chakmehsi Police Station Case No. 103/2019, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T