Basudeo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35005 of 2014 Arising Out of PS.Case No. -143 Year- 2013 Thana -MASAURHI District- PATNA ======================================================

1. Basudeo Paswan S/o Butan Paswan Resident of Village- Thalpura, P.S.- Masaurhi, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sheo Nandan Pandit For the Opposite Party/s : Mr. Manoj Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-02-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 304 (B), 201/34 of the I.P.C. Allegedly daughter of the informant married with the petitioner was killed due to non fulfillment of demand of dowry by way of Rs. 50,000/- and T.V.

Submission is of false implication and that the deceased died due to food poisoning and she was being taken to Masaurhi for treatment but she died in the way. No injury has been found on the person of the deceased by the doctor and viscera were preserved for forensic test. The petitioner is suffering in custody since 21.08.2013 and as charge-sheet has already been

Patna High Court Cr.Misc. No.35005 of 2014 (6) dt.16-02-2015 2/2 submitted there is no chance of tampering with the prosecution evidence.

The learned A.P.P. opposes prayer for bail.

Considering that the petitioner being husband by remaining in custody has been sufficiently penalized and as the charge sheet has already been submitted there is no chance of tampering with the prosecution evidence and as such the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. Masaurhi, Patna in Masaurhi P.S. Case No. 143 of 2013, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T