Ashok Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38396 of 2020 Arising Out of PS. Case No.-107 Year-2020 Thana- PIRO District- Bhojpur ====================================================== ASHOK PASWAN S/o Dadan Paswan Resident of Village- Nonar, P.S.- Piro, District- Bhojpur at Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh, Adv For the Opposite Party/s :

Mrs.Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-03-2021 Heard the parties.

Petitioner seeks bail in a case registered for the offences punishable under Sections 447, 448, 341, 323, 504, 506, 307, 326 and 302 of IPC.

According to FIR, the petitioner poured kerosene oil on the body of the informant and burnt her which resulted in death during course of treatment. The fardbeyan was recorded on 08.05.2020 at the hospital where the informant was getting treatment. L.T.I. of the informant is there on the FIR without any medical certificate that she was in a fit mental and physical condition to make the statement.

The aforesaid situation creates further doubt in view of the fact that the Doctor found 85% to 90% superficial and deep burn injuries on the person of the informant. Hence, it was

Patna High Court CR. MISC. No.38396 of 2020(3) dt.19-03-2021 2/2 highly improbable that she would be in a condition to make statement before the police.

Considering the aforesaid doubtful circumstance in the prosecution case for the purpose of consideration of this prayer for bail as well as completion of investigation of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Piro Police Station Case No.107 of 2020 with following conditions: (a) Both the bailors shall be resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Nitesh/- U T