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Patna High CourtCR. MISC./57387/2018bail granted

Chandan Paswan v. The State Of Bihar

2018-10-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57387 of 2018 Arising Out of PS.Case No. -427 Year- 2015 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================

1. Chandan Paswan S/o Late Rambabu Paswan, R/o Vill.- Saidpr Ganesh , P.S.- Bidupur , District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2018 Heard the parties.

The petitioner seeks regular bail in connection with Bidupur P.S.Case nO.427 of 2015 registered for offences punishable under Sections 304B, 201/34 of the Indian Penal Code. Allegation against the petitioner, who happens to be husband, is of dowry death.

Submission of the learned counsel for the petitioner is that statement of the independent witnesses has been recorded in para nos. 10,1 1, and 49 of the case diary that disclose that there was altercation between the wife and the husband with respect to petty matter and thereafter the petitioner went for Vishkarma Puja and she committed suicide. The petitioner is in custody for nine months.

Patna High Court Cr.Misc. No.57387 of 2018 (3) dt.12-10-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of ACJM XIV, Vishali at Hajipur in connection with Bidupur P.S.Cas No.427 of 2015.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T