Harendar Paswan @ Harendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50114 of 2016 Arising Out of PS.Case No. -412 Year- 2014 Thana -KANTI District- MUZAFFARPUR ====================================================== Harendar Paswan @ Harendra Paswan, son of Late Chandradeo Paswan, resident of Village Bangra Hardas, P.S. Kanti (Panapur O.P.), District Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Upendra Kumar Chaubey, Advocate For the Opposite Party/s : Mr. Pawan Kumar Chaurasiya, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-11-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 12.08.2016 in connection with Kanti (Panapur O.P.) P.S. Case No. 412/14, G.R. No. 2332/14 for offences punishable under Sections 304-B/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his daughter was married to one Dharmendra Paswan on 30.06.2014 and as per his capacity he gave gift at the time of marriage. Immediately thereafter, the accused persons started torturing the victim for non-fulfillment of demand of dowry and on 14.08.2014 in the night they killed the daughter of the informant for non-fulfillment of dowry demand. It has been submitted by the learned counsel for

Patna High Court Cr.Misc. No.50114 of 2016 (2) dt.22-11-2016 2/2 the petitioner that he is brother of the father-in-law of the husband of the deceased and has a separate home and hearth since last 15 years and in no way connected with the affairs of the house of the accused persons. He submits that two of the married sister-in-law have already been granted the privilege of anticipatory bail by a Coordinate Bench of this Court. He further submits that the petitioner has a clean criminal antecedent and that the husband of the deceased daughter of the informant is already in custody and that there is general and omnibus allegation against the petitioner. However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, since the petitioner is a distant relative of the husband of the deceased, the allegations being general and omnibus and considering the period of custody, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, West, Muzaffarpur, in connection with Kanti (Panapur O.P.) P.S. Case No. 412/14.

(Nilu Agrawal, J.) Rajesh/- U T