Chandradeep Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52906 of 2015 Arising Out of PS.Case No. -48 Year- 2015 Thana -AMBA District- AURANGABAD ====================================================== Chandradeep Paswan Son of Late Sukhlal Paswan resident of Village - Azad Bigha, P.S. - Amba, District - Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Leelawati Kumari, Adv. For the Opposite Party/s : Mr. Sahin Begum(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Amba P.S. Case No. 48 of 2015 registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code.

Mamta Devi was married to Saroj Paswan, the son of the petitioner five years ago and allegedly due to non-fulfillment of demand of dowry by way of buffalo, she was tortured and assaulted and ultimately she was killed by the petitioner and other in-laws.

Submission is of false implication and that the petitioner has got no concern with the family affairs of the deceased and her husband, he is old father-in-law, the husband is already in custody, there is no specific allegation against the petitioner and, as such, he deserves sympathetic consideration as

Patna High Court Cr.Misc. No.52906 of 2015 (3) dt.22-02-2016 2/2 he is suffering in custody since 27.07.2015. Chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.

The learned A.P.P. opposes the prayer of bail. In the facts and circumstances stated above, considering that the petitioner is father-in-law, having no specific allegation and chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence and, as such, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad in connection with Amba P.S. Case No. 48 of 2015 subject to the conditions that one of the bailors must be 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) sushma/- U T