Ram Ratan Paswan v. The State Of Bihar
Patna High Court Cr.Misc. No.54658 of 2015 (3) dt.11-01-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54658 of 2015 Arising Out of PS.Case No. -74 Year- 2014 Thana -MAHESHKHUNT District- KHAGARIA ====================================================== Ram Ratan Paswan, son of Late Bhikko Paswan, resident of village- English Tola, Maheshkhunt, P.S.- Maheshkhunt, District- Khagaria .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate. For the Opposite Party/s : Mr. R.S.Choudhary(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-01-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Maheshkhunt P.S. Case No. 74 of 2014 registered under Section 304(B)/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
The accusation is of killing of Bablu Devi, daughter of the informant, Ram Kumari Devi, by her husband and in-laws due to non-fulfillment of demand of dowry.
Learned counsel for the petitioner submits that petitioner happens to be the husband of the deceased, Bablu Devi, in fact, one female child, aged about 6 years, born out of the wedlock. It is further submitted that in course of cooking meal,
Patna High Court Cr.Misc. No.54658 of 2015 (3) dt.11-01-2016 deceased came in touch with fire, received burn injuries and died. Thereafter, petitioner informed the informant but later on due to ulterior motive, the present case has been lodged. It is also submitted that daughter of the petitioner and the deceased living with her grandmother at the house of the petitioner. It is further submitted that petitioner is in custody since 21.08.2014 and after framing charge, out of eight charge sheeted witnesses, only one witness, namely, Sushiula Devi, has been examined, who has not supported the case of prosecution, which would appear from the letter no. 352 dated 17.12.2015 of 3rd Additional Sessions Judge, Khagaria.
Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 3rd Additional Sessions Judge, Khagarai, in connection with S.T. No. 400 of 2014. Out of two sureties, one surety must be the close relative of the petitioner, (Rajendra Kumar Mishra, J) Bhardwaj/- U T