Mithlesh Paswan @ Mithilesh Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78077 of 2018 Arising Out of PS. Case No.-111 Year-2018 Thana- CHIKSAUR District- Nalanda ====================================================== Mithlesh Paswan @ Mithilesh Paswan S/o Kumharu Paswan, R/o Vill.- Korawan, P.S.- Chiksaura, District- Nalanda.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Rita Devi W/o Mithilesh Paswan @ Mithilesh Paswan D/o Chandradeep Paswan, R/o Vill.- Kusaita, P.S.- Chiksaura, District- Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shyamal Prakash For the Opposite Party/s :

Mr.Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Chiksaura P.S. Case No. 111 of 2018 registered for the offences punishable under Sections 341, 323, 504, 498-A of the Indian Penal Code and Section 3/4 of the D.P. Act. Allegation against petitioner is that he used to torture the informant for non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that allegation of demand of dowry and torture is false and concocted. Earlier for the similar allegations informant had instituted a case. Petitioner is ready to keep the informant with honour and dignity. He is in custody since 23.10.2018.

Patna High Court Cr.Misc. No.78077 of 2018(2) dt.08-01-2019 2/2 Considering the aforesaid fact 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 S.D.J.M., Hilsa (Nalanda), in connection with Chiksaura P.S. Case No. 111 of 2018, subject to 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(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) Rajiv/- U T