Akhilesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53253 of 2018 Arising Out of PS.Case No. -101 Year- 2017 Thana -JANKINAGAR District- PURNIA ======================================================

1. Akhilesh Paswan S/o Manohar Paswan, R/o Vill.- Lalji Mandal Tola Binowa Gram P.S.- Janki Nagar, District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-11-2018 The petitioner seeks regular bail in connection with Janki Nagar P.S. Case No. 101 of 2017, registered for offences punishable under Section 304(B)/ 34 of the Indian Penal Code. Petitioner happens to be husband of the deceased and allegation against him is of causing dowry death of the deceased. It has been submitted on behalf of the petitioner that though it is alleged that the deceased was strangulated to death but postmortem report does not support the same as no external injury has been found on the dead body of the deceased. It has further been submitted that only general and omnibus allegation has been attributed to the petitioner and he has been in judicial custody ince 17.07.2017.

Learned counsel for the State could not controvert the

above submission of learned counsel for the petitioner that no external injury was found on the dead body of the deceased. Having heard both sides, considering the aforementioned facts and circumstances, the period of custody and also that the petitioner has no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000, (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with Janki Nagar P.S. Case No. 101 of 2017, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the

prosecution is free to move for cancellation of his bail (Vinod Kumar Sinha, J) sunil/- U T