Vikash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40840 of 2018 Arising Out of PS. Case No.-150 Year-2017 Thana- TRIVENIGANJ District- Supaul ====================================================== Vikash Paswan S/o Bijli Paswan, R/o Vill.- Gonha, Ward no. 03, P.S.- Triveniganj, District- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Naresh Kumar Mehta For the Opposite Party/s :

Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection with Triveniganj P.S. Case No. 150 of 2017 registered for the offence punishable under Sections 307 and 302 of the Indian Penal Code.

Informant is the father of the deceased who in his written complaint has stated that his daughter was married to petitioner eight years before and from the said wedlock two daughters were born and it has been further alleged that she was being tortured for demand of dowry and was killed by the petitioner and his family members for non fulfillment of demand of dowry.

Patna High Court Cr.Misc. No.40840 of 2018(4) dt.20-09-2018 2/3 It has been submitted on behalf of the petitioner that the deceased was pregnant and was being treated in the Hospital and due to complication in pregnancy she suffered injury from hand-pump and died. It has been further submitted that the Informant has also subsequently realized that he has instituted this case on false information given to him. Petitioner has got no criminal antecedent and is in custody since 17.02.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st Supaul, in connection with Triveniganj P.S. Case No. 150 of 2017, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

Patna High Court Cr.Misc. No.40840 of 2018(4) dt.20-09-2018 3/3

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U