Patna High CourtCR. MISC./59958/2018bail granted

Malhu Paswan v. The State Of Bihar

2018-11-01Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59958 of 2018 Arising Out of PS. Case No.-524 Year-2017 Thana- MADHEPURA District- Madhepura ====================================================== Malhu Paswan S/o Dipnarain Paswan, R/o Vill.- Madhahi (Mathahi), P.S. and District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha For the Opposite Party/s :

Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-11-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Madhepura P.S. Case No. 524 of 2017 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

Informant who is father of the victim has alleged that his daughter was married to petitioner and thereafter she was being subjected to torture for non fulfillment of demand of dowry and on 26.07.2017, he came to know that his daughter was killed.

It has been submitted on behalf of the petitioner that petitioner has committed no offence and has been falsely implicated in this case. Relation between husband and wife was cordial. It has been further submitted that the cremation was done in presence of the Informant. It is submitted that the

Patna High Court Cr.Misc. No.59958 of 2018(3) dt.01-11-2018 2/2 petitioner will have to look after his three children. Petitioner has got no criminal antecedent and is in custody since 07.09.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura, in connection with Madhepura P.S. Case No. 524 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 represented on each and every date fixed by the court.

(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