Bambam Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.55192 of 2015 (3) dt.01-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55192 of 2015 Arising Out of PS.Case No. -230 Year- 2014 Thana -SULTANGANJ District- BHAGALPUR ====================================================== Bambam Paswan, Son of Opee Paswan, resident of Fatehpur, P.S.- Sultanganj, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Indeshwari Prasad Mandal, Advocate. For the Opposite Party/s : Mr. Murlidhar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Sultanganj P.S. Case No. 230 of 2014 registered under Sections 366, 376, 109 and 306 of the Indian Penal Code. The accusation is that Ina Kumari, aged about 20 years, daughter of informant, fell in love with this petitioner and she left the house with this petitioner and thereafter she returned on 04.10.2014. On 06.10.2014, daughter of informant went at the house of the petitioner and asked him to perform marriage but the petitioner refused. Due to that reason, daughter of informant tried to commit suicide by sprinkling kerosene oil but she was saved and rushed to Referal Hospital, Sultanganj and later on died.

Patna High Court Cr.Misc. No.55192 of 2015 (3) dt.01-02-2016 Learned counsel for the petitioner submits that admittedly, deceased, Ina Kumari, was aged about 20 years at the time of occurrence and she wanted to perform the marriage with this petitioner, who is the co-villager, but he refused to perform the marriage. It is further submitted that petitioner has falsely been implicated in this case due to ulterior motive and he is in custody since 07.10.2014.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to 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 the Additional Chief Judicial Magistrate, Bhagalpur, in connection with Sulganganj P.S. Case No. 230 of 2014. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T