Munna Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25083 of 2018 Arising Out of PS.Case No. -42 Year- 2012 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ====================================================== Munna Paswan S/o Late Lakhan Paswan, R/o Mohalla- Lalganj, Chuna Bhatta, Dehri, P.S.- Dehri (T), District- Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Singh For the Opposite Party/s : Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 08-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Sessions Trial No. 594 of 2016 arising out of Dehri (T) P.S. Case No. 42 of 2012 registered under Sections 304B and 201/34 of the Indian Penal Code and subsequently charge has been framed under Sections 302, 304B and 201/34 of the Indian Penal Code. The petitioner who happens to be father-in-law of the deceased is said to have demanded cycle and cash of Rs. 25,000/- from the deceased in dowry and subjected her to torture and finally eliminated her over said dowry demand in association of other accused persons.

It is submitted by learned counsel for the petitioner that the petitioner neither made any demand nor ever subjected the

Patna High Court Cr.Misc. No.25083 of 2018 (4) dt.08-08-2018 2/2 deceased to any sort of torture nor committed dowry death. He happens to be father-in-law of the deceased and has been living separately from the deceased and her husband and has no concern with their affairs. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Earlier bail petition of the petitioner was rejected vide order dated 10.08.2017 with direction to the court below to dispose of the case within four months, but as per the report of the learned lower court, the case is still pending for non-production of the witnesses and there is no hope of conclusion of the trial in near future.

Moreover, coaccused namely Ranjit Paswan, Kail Paswan and Meena Devi have been enlarged on bail by different co-ordinate benches of this Court. Husband of the deceased is in custody. The petitioner has been languishing in custody since 14.09.2016. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged 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 learned 2nd Addl. Sessions Judge, Rohtas at Sasaram in S. Tr. No. 594 of 2016 arising out of Dehri (T) P.S. Case No. 42 of 2012.