Santosh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74728 of 2018 Arising Out of PS. Case No.-112 Year-2017 Thana- SIKTA District- West Champaran ====================================================== Santosh Paswan Son of Sri Prahlad Paswan Resident of Village- Sirisiya, P.S. Sikta, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 304B, 201 and 34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture and thereafter caused death of the victim due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.4.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. There is no substantive evidence

Patna High Court CR. MISC. No.74728 of 2018(3) dt.09-04-2019 2/2 to suggest his implication in the present case. The informant has filed a petition in the Court below stating that the case has been instituted due to mistake of fact and the deceased is said to have died due to prolonged illness.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -III, West Champaran, Bettiah in connection with Sikta P.S. Case No. 112 of 2017.

(Sudhir Singh, J) Pankaj/- U T