Rajgir Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7191 of 2016 Arising Out of PS.Case No. -7 Year- 2015 Thana -PATEPUR DistrictVAISHALI (HAJIPUR) =====================================

1. Rajgir Paswan, Son of Vishwanath Paswan, Resident of Village- Maudah Dih, P.S.- Patepur, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rakesh Kumar Soni, Adv. For the Opposite Party/s : Mr. Shailendra Kumar-I (A.P.P. ) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-03-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Patepur P.S. Case No.7 of 2015, disclosing offences under Sections 304(B) and 201/34 of the Indian Penal Code.

The petitioner is the husband of the deceased. Learned counsel for the petitioner submits that the deceased died of Cholera and after her death, the father of the deceased, i.e., the informant, was duly

Patna High Court Cr.Misc. No.7191 of 2016 (2) dt.15-03-2016 2/2 informed, who had participated in the cremation of the deceased. He further submits that there is no chance that the petitioner shall tamper with the evidence or influence the witnesses, if he is granted the privilege of anticipatory bail.

Considering the facts and circumstances, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Patepur P.S. Case No.7 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T