Nunu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43231 of 2017 Arising Out of PS.Case No. -75 Year- 2017 Thana -KALUAHI District- MADHUBANI ====================================================== Nunu Paswan, Son of Late Ram Prasad Paswan, Resident of Village- Nara Kothi Chowk, P.S.- Kaluahi, District- Madhubani. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Gagan Deo Yadav, Adv. For the State : Mr. Rajkishore Singh, APP For the Informant : Mr. Sandeep Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-09-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Kaluahi P.S. Case No. 75 of 2017, disclosing offences under Sections 304(B)/34 of the Indian Penal Code.

The petitioner is the father-in-law of the deceased. There is general and omnibus allegation of demand of dowry against the husband of the deceased and

Patna High Court Cr.Misc. No.43231 of 2017 (2) dt.21-09-2017 2/3 other family members of the husband of the deceased. It is submitted on behalf of the petitioner that there is nothing specific against the petitioner, making out allegation of demand of dowry and, therefore, he deserves anticipatory bail. It has also been submitted that the husband of the deceased is already in custody. Learned counsel, appearing on behalf of the informant, on the other hand, has vehemently opposed the prayer for anticipatory bail and has submitted that since the death occurred in the house owned by the petitioner, he, being father-in-law, does not deserve the privilege of anticipatory bail.

However, considering the submission advanced on behalf of the petitioner that the allegation of demand of dowry is general in nature against all the persons, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani, in connection with Kaluahi P.S. Case No. 75 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

Patna High Court Cr.Misc. No.43231 of 2017 (2) dt.21-09-2017 3/3 This is subject to the condition that the petitioner shall present himself/herself before the police/Court, as the case may be, as and when required and in the event of failure on his/her part to appear before the Court on two consecutive occasions, his/her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/- U T