Raju Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77641 of 2018 Arising Out of PS. Case No.-235 Year-2017 Thana- BHAGWANPUR District- Vaishali ====================================================== Raju Paswan S/o Late Chandeshwar Paswan, R/o Vill.- Shaidpur Bijlipur (Bhagwanpur), P.S. P.O. Bhagwanpur, District- Vaishali. ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Rikhi Paswan S/o Late Badri Paswan R/o village- Chakna, P.S. Saraiya, District- Muzaffarpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan No.Ii For the Opposite Party/s :

Mr.Sri Sanjay Kumar CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Bhagwanpur P.S. Case No. 235 of 2017 registered for the offence punishable under Sections 302, 201 and 34 of the Indian Penal Code.

Informant who is the father of the deceased has alleged in his written complaint that petitioner (husband) along with other FIR named accused killed her daughter and threw her dead body on Railway track due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that he

Patna High Court Cr.Misc. No.77641 of 2018(4) dt.25-02-2019 2/3 is innocent and has been falsely implicated in this case only on suspicion. The decease (wife of petitioner) herself left her matrimonial house and she was mentally ill and due her illness she met an accident with a train. Petitioner has got no criminal antecedent and is in custody since 11.08.2018. 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 A.C.J.M.-IIIrd, Vaishali at Hajipur, in connection with Bhagwanpur P.S. Case No. 235 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the

Patna High Court Cr.Misc. No.77641 of 2018(4) dt.25-02-2019 3/3 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) manoj/- U T