Subodh Paswan @ Subodh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.1595 of 2016 (3) dt.23-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1595 of 2016 Arising Out of PS.Case No. -254 Year- 2013 Thana -MANIYARI District- MUZAFFARPUR ====================================================== Subodh Paswan @ Subodh Kumar Son of Surendra Paswan Resident of Village Madhopur Susta, Purvi tola, P.s Maniyaru, District Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Mithilesh Kumar Rai, Advocate. For the Opposite Party : Mr. Md.Nazir Ansari(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Maniyari P.S. Case No.254/2013 registered under Section 304B of the Indian Penal Code.

The accusation is of killing of the daughter of informant Pinki Kumari by her husband and her in-laws due to non-fulfillment of demand of dowry and to dispose of the dead body of the deceased.

Learned counsel for the petitioner submits that admittedly, the petitioner is husband of deceased, daughter of informant. In fact, due to wedlock of the petitioner and deceased, there is one daughter namely Sonali Kumari, aged about 3 years. It is further submitted that at the time of second

Patna High Court Cr.Misc. No.1595 of 2016 (3) dt.23-02-2016 pregnancy, the deceased went at her Maika, where she died in course of pain and her dead body was carried at the house of petitioner and thereafter last rites ceremony was performed and after last rites ceremony, panchayati was held regarding settlement of the daughter of petitioner namely Sonali Kumari, in which, the panches decided that Sonali Kumari will live with her maternal grand father and maternal grand mother and when she will live in the house of the petitioner, the petitioner will bear the expenses. The ornaments were also handed over to the maternal grand father of Sonali Kumari, who will give that ornaments to Sonali Kumari at the time of her marriage but due to some further dispute, the informant lodged the Complaint Case No.1525/2013 dated 17.09.2013, which is the basis of the present F.I.R.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to 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 Sub-Divisional Judicial Magistrate, Muzaffarpur, in connection with Maniyari P.S. Case No. 254/2013.

(Rajendra Kumar Mishra, J.) Amit/- U T