Baiju Paswan @ Baijnath Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49215 of 2019 Arising Out of PS. Case No.-148 Year-2017 Thana- BITHAN BAZAR District- Samastipur ====================================================== BAIJU PASWAN @ BAIJNATH PASWAN Son of Jai Narayan Paswan Resident of Village - Kataushi, P.S.- Bithan, Distt - Samastipur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Anju Jha For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Bithan P.S. Case No. 148 of 2017 (G.R. No. 819 of 2017) corresponding to S.T. No. 127 of 2019 registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.

Informant in his written complaint has alleged that he received an information on phone that his daughter who was married to petitioner in the year 2009 has been killed by her in laws and are cremating her dead body.

It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case only on the basis of suspicion. From the wedlock, three children were born

Patna High Court CR. MISC. No.49215 of 2019(3) dt.30-09-2019 2/3 and no allegation of any torture has been alleged in the FIR. Deceased died as she was suffering from disease and at the time of her death petitioner was working in Bangalore. Charge sheet has already been submitted. Petitioner has no criminal antecedent and is in custody since 15.01.2019. 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge 1st, Rosera, Samastipur, in connection with Bithan P.S. Case No. 148 of 2017 (G.R. No. 819 of 2017) corresponding to S.T. No. 127 of 2019 subject to the conditions that:-

(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 his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

Patna High Court CR. MISC. No.49215 of 2019(3) dt.30-09-2019 3/3

(3) If the petitioner tampers with the 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) veena/- U T