Kamal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83727 of 2019 Arising Out of PS. Case No.-150 Year-2019 Thana- BHAGWANPUR District- Begusarai ====================================================== Kamal Paswan, Son of Late Tunuk Paswan, Resident of Village - Malheur, P.S.- Bhagwanpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey, Adv.

For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-12-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner in the present case is seeking regular bail in connection with Bhagwanpur P.S. Case No.150 of 2019 registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is father-in-law of the deceased and he has falsely been implicated in this case. Learned counsel submits that the petitioner is separate in mess and business and he has no concern with the alleged occurrence.

Learned APP has opposed the prayer for bail.

Considering the facts and circumstances of the case where the marriage between the deceased and the son of this

Patna High Court CR. MISC. No.83727 of 2019(2) dt.17-12-2019 2/3 petitioner had taken place more than 7 years ago prior to the alleged occurrence on 21.08.2019, there are general and omnibus allegations against the petitioner and other members of the family and it is the submission of learned counsel for the petitioner that the petitioner being an old age person of about 70 years if living separately from his son there is no reason for him to demand the dowry at this stage and it has come in course of investigation that the marriage was solemnized more than 7 years ago, the investigation against the petitioner is complete as he is in custody since 26.08.2019, let the petitioner above named be released on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in connection with Bhagwanpur P.S. Case No.150 of 2019, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing

Patna High Court CR. MISC. No.83727 of 2019(2) dt.17-12-2019 3/3 such facts to the Court or to any Police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) arvind/- U T