Ashok Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.13139 of 2017 (3) dt.03-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13139 of 2017 Arising Out of PS.Case No. -237 Year- 2014 Thana -MAHNAR District- VAISHALI(HAJIPUR) ======================================================

1. Ashok Paswan, Son of Vijay Paswan, Resident of Village- Jakkopur, P.S. Mahua, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Anirudh Kumar Sinha For the Opposite Party/s : Mr. Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Mahnar P.S. Case No. 237/2014, corresponding to S.Tr. No. 03/2016, registered under Section 304(B)/34 of the Indian Penal Code. The accusation is of killing by burning of the sister of the informant by her husband and in-laws for non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that the petitioner is husband of the deceased. He has falsely been implicated in this case and he is in custody since 12.06.2015. Further submission is that in fact, the deceased, wife of the petitioner, sustained burn injury in course of cooking meal and she was taken to PHC, Mahnar for treatment from where she was

Patna High Court Cr.Misc. No.13139 of 2017 (3) dt.03-05-2017 referred to Sadar Hospital, but she died in the way. The informant, who is brother of the deceased, also reached at PHC on information, but after death of his sister, he lodged the present case with false allegation of killing of the deceased by burning by the petitioner and other in-laws.

Having regard to the facts and the circumstances of the case, the petitioner Ashok Paswan, 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 learned Additional Sessions Judge-VIII, Vaishali at Hajipur in connection with Mahnar P.S. Case No. 237/2014, corresponding to S.Tr. No. 03/2016. (Rajendra Kumar Mishra, J.) Rakhi U T