Dharmdeo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44230 of 2017 Arising Out of PS.Case No. -170 Year- 2015 Thana -CHENARI District- SASARAM (ROHTAS) ====================================================== Dharmdeo Paswan, Son of Bali Paswan, Resident of Village- Jalalpur, P.S.- Karamchat, District- Kaimur (Bhabhua).

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rajani Kant Singh For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 04.04.2017 in connection with Chenari P.S. Case No. 170 of 2015 for offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his daughter Munni Devi was married to one Anil Paswan 1012 years back. She was assaulted for non-fulfillment of demand of dowry and a case was lodged against the petitioner's side for

Patna High Court Cr.Misc. No.44230 of 2017 (3) dt.16-11-2017 2/3 offence under Section 498A I.P.C. wherein the husband Anil Paswan appeared and took his daughter to the matrimonial house to keep her with full dignity and honour but the husband was asked to produce the deceased on two dates but the accused person did not produce the deceased and stated that she had died on the night of 4.07.2015.

It has been submitted by the learned counsel for the petitioner that he is innocent, he is brother-in-law (Bhaisur) of the deceased and has separate home and hearth with the husband of the deceased. He submits that charge-sheet has been submitted, general and omnibus allegation has been levelled against him and another brother-in-law has been granted the privilege of bail by a co-ordinate Bench of this Court in Cr. Misc. No. 14907 of 2017 on 02.05.2017. He submits that the informant and his family members took part in the cremation ceremony of the daughter and photographs were also taken.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with

Patna High Court Cr.Misc. No.44230 of 2017 (3) dt.16-11-2017 3/3 two sureties of the like amount each to the satisfaction of learned A.C.J.M.-cum-Sub Judge-III, Sasaram, District-Rohtas in connection with Chenari P.S. Case No. 170 of 2015. (Nilu Agrawal, J) Devendra/- U T