HC ask trial court to consider perjury against informant for lying
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr Misc No 4584 of 2011
Verma Prasad Kushwaha, son of Jagarnath Pd Kishwaha, resident of Shanti Nagar, Ward No 1, Narkatiaganj, P S Shikarpur, District West Champaran – Petitioner Versus
The State of Bihar – Opposite Party ———–
2 23.02.2011 The petitioner is the husband of the victim deceased lady and is in custody since 18.03.2010 in relation to Shikarpur Police Station Case No 30 of 2010 instituted under Sections 304B, 201/34 of Indian Penal Code. The first information report is by the brother of the victim lady, inter alia, alleging that the petitioner alongwith his family members were demanding dowry soon after the marriage and used to beat up the lady and ultimately burnt her to death and disposed of her body. Shri Yugesh Chandra Verma, learned Senior Counsel appearing in support of the petition draws attention of this Court to the depositions of the informant, the victim lady’s father and other depositions of the prosecution witnesses, all of whom have been declared hostile. The informant, who is the brother of the deceased, states that the lady in fact died of illness and that there was no question of the petitioner or anyone killing her and disposing of her dead body.
Considering the aforesaid facts, let the petitioner abovenamed 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 Fast Track Court No IV, West Champaran at Bettiah in 2
Sessions Trial No 354 of 2010 arising out of Shikarpur Police Station Case No 30 of 2010.
Before parting, I would like to notice that the trial Court may consider the desirability of instituting prosecution against the prosecution witnesses for perjury and malicious prosecution for mobilising police with a false plea. Steps should be taken expeditiously. M.E.H./ (Navaniti Prasad Singh)