Babloo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42381 of 2019 Arising Out of PS. Case No.-79 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== BABLOO PASWAN S/o Mahesh Paswan Resident of Village- Mohanpur, P.S.- Minapur, District- Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Raju Kumar Goswami Mr. M.M.M.Prasad Mr. Pawan Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 27-09-2019 Heard learned Counsel for the petitioners and the learned APP for the State.

The petitioner seeks bail in Minapur PS Case No. 79 of 2019 registered under Sections 304B and 201/34 of the Indian Penal Code , pending in the Court of CJM Muzaffarpur. For non fulfilment of the demand of a buffalo the informant alleges that her daughter (wife of the petitioner) has been done to death by the petitioner.

Counsel for the petitioner submits that from Annexure 2 it is apparent that the informant has filed a petition stating therein that the victim had in fact died on account of illness. The informant has specifically mentioned in the petition that the accused persons are not responsible for the death.

Learned APP submits that nature of allegations are such that the petitioner is not entitled to bail. Being the husband it was primarily his responsibility to safeguard the wife. The petitioner is in custody in connection with this case since 23.2.2019.

On consideration of the submission of the rival parties the bail application is allowed.

Patna High Court CR. MISC. No.42381 of 2019(4) dt.27-09-2019 2/2 Let the petitioner above named be released on bail on his furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in Minapur PS Case No. 79 of 2019 on the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled.

(Madhuresh Prasad, J) SNkumar/- U T