Ganesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41064 of 2019 Arising Out of PS. Case No.-27 Year-2019 Thana- JANDAHA District- Vaishali ====================================================== GANESH PASWAN S/o Jagdish Paswan R/o village- Bajitpur Malahi, P.S.- Jandaha, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Singh For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-07-2019 This application, for grant of anticipatory bail, arises out of Jandaha P.S. Case No. 27 of 2019, disclosing offences under Sections 302, 420, 406 and 120(B) of the Indian Penal Code. Allegation as per the complaint petition is that husband of the complainant had gone along with the petitioner and others to Patna but he did not return and thereafter, the dead body of the husband of the complainant was found in the NMCH, Patna for postmortem. Thereafter, complainant went to lodge the case, which was not registered by the police, thus she filed a complaint petitioner on the basis of which, present F.I.R. has been registered. Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and as a matter of fact, the deceased was a labourer and had come to Patna and while returning to his house, he fell down from the bus on Gandhi Setu, for that aa U.D. Case was also registered and the same has also been accepted

Patna High Court CR. MISC. No.41064 of 2019(2) dt.03-07-2019 2/2 by the son of the complainant in the application filed by him before the S.H.O. Further submission is that the petitioner also participated in the cremation of dead body of the deceased but later on with a view to extort some money from the informant, petitioner has come with this false case.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate Xith, Vaishali at Hajipur, in connection with Jandaha P.S. Case No. 27 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T