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Patna High CourtCR. MISC./72987/2019bail granted

Heera Paswan v. The State Of Bihar

2019-12-11Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72987 of 2019 Arising Out of PS. Case No.-43 Year-2019 Thana- SRINAGAR District- West Champaran ====================================================== Heera Paswan, son of Late Nathuni Paswan, resident of Village - Bagahi, P.S.- Srinagar (Pujaha), Distt - West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mrs. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 304B/120B/34 of the Indian Penal Code.

Petitioner, who happens to be father-in-law of the daughter of the informant, is said to have committed dowry death of his daughter in association of his family members. It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in this case merely because he happens to be father-in-law of the victim. There is no allegation of demand of any dowry by any accused persons in the

Patna High Court CR. MISC. No.72987 of 2019(2) dt.11-12-2019 2/2 fardbeyan, hence no offence under Section 304B IPC is made out against the petitioner. Petitioner has neither tormented the deceased nor eliminated her. Petitioner has been living separately from the deceased and her husband and has no concern with their affairs. The allegation levelled against the petitioner is not specific rather omnibus. Petitioner has no criminal antecedent has been languishing in custody since 14.07.2019.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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 Chief Judicial Magistrate, West Champaran at Bettiah in connection with Srinagar (Pujaha) P.S. Case No.43 of 2019. (Prakash Chandra Jaiswal, J) Trivedi/- U T