Kanhaiya Paswan@ Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69887 of 2018 Arising Out of PS. Case No.-343 Year-2017 Thana- RAHUI District- Nalanda ====================================================== Kanhaiya Paswan @ Kanhaiya Kumar Son of Late Shankar Paswan, Resident of Village- Pachasa, Police Station- Rahui (Bhagan Bigha), District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Anil Kumar Singh, Advocate For the State :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-01-2019 Supplementary affidavit filed on behalf of the petitioner be kept on the record.

Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner is apprehending his arrest in a case registered under Sections 304(B), 201/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioner caused death of the daughter of the informant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The

Patna High Court Cr.Misc. No.69887 of 2018(3) dt.28-01-2019 2/2 informant has retracted from his earlier statement. A petition has been filed on behalf of the informant that the case was instituted under mistake of fact. The informant has denied the allegations made in the F.I.R.

On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Rahui (Bhagan Bigha) P.S. case No.343 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T