Patna High CourtCR. MISC./60202/2017bail granted

Birendra Paswan v. The State Of Bihar

2017-12-19Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60202 of 2017 Arising Out of PS.Case No. -240 Year- 2017 Thana -DUMRAUN District- BUXAR ====================================================== Birendra Paswan, Son of Late Rajbali Paswan, Resident of Village- Aattaw, P.S.- Dumraon, District- Buxar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mr. Sri Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 364,376(2)(G), 307 and 120(B) of the Indian Penal Code. Petitioner is father of the informant. It is submitted on behalf of the petitioner that entire allegations have been made against the 'Fufa' of the informant and three other persons and that the petitioner's name along with of his wife has just been mentioned in the FIR on the basis of suspicion since the petitioner and his wife were opposing the marriage of the informant/victim with one Karan. The statement under Section 164 Cr.P.C. of the informant does not disclose any allegation whatsoever against the petitioner. Investigation in this case is completed and charge-sheet has been submitted so there is no chance of tampering with the

Patna High Court Cr.Misc. No.60202 of 2017 (2) dt.19-12-2017 2/2 evidence and petitioner is in custody since 19.09.2017. 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 Chief Judicial Magistrate, Buxar in Dumraon P.S. Case No. 240 of 2017 G.R. No. 2418 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