Ramanand Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15275 of 2015 Arising Out of PS.Case No. -70 Year- 2014 Thana -RAJAPAKAR District- VAISHALI(HAJIPUR) ====================================================== Ramanand Paswan Son of Late Devki Paswan, R/o- Village- Bahuara, P.S.- Baranti O.P. (Rajapakar), District- Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Parmanand Kumar (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-07-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 09.02.2015 in connection with Rajapakar (Baranti O.P.) P.S. Case No. 70 of 2014 for the offence registered under Sections 302, 201, 120B/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is not named in the first information report. The only allegation made against the petitioner is that on the hand of the deceased, the name of one Nitu Sinha has been written, who is said to have love affair with the deceased. The present petitioner happens to be the father of the said Nitu Sinha and it has been alleged that the girl, in question, had communicated

with the deceased just prior to his death at 11 P.M. on 11.05.2014. It is further submitted that the petitioner has been made accused only on the basis of mere suspicion that since there was a love affair between the said Nitu Sinha and the deceased and that she had been recently married with some other person, the petitioner may have been responsible for the said occurrence.

Learned counsel for the State while referring the several paragraphs of the case diary has stated that just prior to the death, the deceased had communicated with the said Nitu Sinha, whose call details have been taken by the Investigating officer and it has been found that she had communicated with him till almost 2 "O" Clock in the morning of 12.05.2014. However, after considering the entire gamut of materials that has surfaced in the case diary, save and except, the fact that the petitioner happens to be the father of the said Nitu Sinha, there is no cogent material on record so as to connect this petitioner with the occurrence at hand.

Taking into consideration the said fact and also the fact that the petitioner has no criminal antecedent, let the petitioner above named 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 the Chief Judicial Magistrate, Vaishali, Hajipur in connection with Rajapakar (Baranti O.P.) P.S. Case No. 70 of 2014.

(Anjana Mishra, J) Jagdish/- U T