Prabhakar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46360 of 2015 Arising Out of PS.Case No. -319 Year- 2014 Thana -SAKRA District- MUZAFFARPUR ====================================================== Prabhakar Paswan, Son of Sri Pawan Paswan, Resident of VillageMohammadpur Lalse, Police Station- Sakra, District- Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vijay Kumar @ Vijay Kr. Singh For the Opposite Party/s : Mr. Madhurilata (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in Sakra P.S. Case No. 319 of 2014 registered for the offences punishable under Sections 498(A), 304(B) and 201/34 of the Indian Penal Code.

Puja Kumari, the daughter of the informant was married to petitioner two years ago and due to non-fulfillment of demand of dowry by way of Chain and Ring, she was killed and her dead body was also cremated.

Submission is of false implication and that nothing was demanded by the petitioner or anyone by way of dowry. During investigation several witnesses including the grandmother of the deceased vide paragraph 5 has stated that due to fall from train, the wife of the petitioner died and further the informant has filed compromise

Patna High Court Cr.Misc. No.46360 of 2015 (3) dt.08-01-2016 2/2 petition also showing the innocence of the petitioner. The petitioner is suffering in custody since 28.07.2015. Chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.

The learned A.P.P. after going through the case diary fairly submits that the grandmother of the deceased has not supported the prosecution version as like other witnesses. In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bonds of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Sakra P.S. Case No. 319 of 2014, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail (Jitendra Mohan Sharma, J) manish/- U T