Kamta Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55710 of 2017 Arising Out of PS.Case No. -55 Year- 2016 Thana -UPHARA District- AURANGABAD ====================================================== Kamta Paswan, S/o Late Ganauri Paswan, R/o Village Bhaluar, P.S.- Uphara, District- Aurangabad (Bihar).

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Lal Bahadur Singh, Advocate For the Opposite Party/s : Mr. Sri Manoj Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 302 and 201/34 of the Indian Penal Code and charge sheet has been submitted under Section 306/201 IPC.

The FIR has been lodged after about 18 years of marriage of the informant's sister raising a suspicion that she has been done to death by the petitioner and his family members. Counsel for the petitioner submits that petitioner is husband of the deceased and other than the suspicion raised in the FIR there is no allegation whatsoever against the petitioner. He also submits that investigation of the case has been completed and charge sheet has also been submitted under Section 306/201 IPC against the petitioner and that even in course of trial the informant

Patna High Court Cr.Misc. No.55710 of 2017 (2) dt.12-12-2017 2/2 as well as the father of the deceased have not supported the allegations made in the FIR. The petitioner who is man of clean antecedent is in custody since 1.12.2016.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Aurangabad (Bihar) in Sessions Trial No. 196 of 2017/03 of 2017 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U T