Patna High CourtCR. MISC./40831/2016bail granted

Om Prakash Paswan v. The State Of Bihar

2016-09-30Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40831 of 2016 Arising Out of PS.Case No. -52 Year- 2015 Thana -RAGHOPUR District- VAISHALI(HAJIPUR) ======================================================

1. Om Prakash Paswan Son of Niranjan Paswan, Resident of VillageRaghopur, P.S. - Raghopur, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Ajay Kumar -2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-09-2016 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Raghopur P.S. Case No. 52 of 2015, disclosing offences under Sections 304B,201/34 of the Indian Penal Code. Petitioner is the husband of the deceased. Father of the deceased is the informant.

Learned counsel appearing on behalf of the petitioner has submitted that out of certain misconception, the present First Information Report has been registered and after realizing the true state of affairs, the informant has resiled from his earlier version. Mr. Nalin Kumar learned Advocate (AOR No. 02884) informs this Court that he has filed Vakalatnama in the Registry on behalf of the informant. He does not dispute, rather, supports

the submission made on behalf of the petitioner that the informant after having realizing the correct position does want to pursue the matter any further.

Considering the above, this application is allowed. Let the petitioner above-named in the event of his arrest/surrender within four weeks from today in the Court below be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-V Class, Hajipur Vaishali in Raghopur P. S. Case No. 52of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/-c U