Baleshwar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.397 of 2020 Arising Out of PS. Case No.-184 Year-2019 Thana- ALOULI District- Khagaria ====================================================== 1.

Baleshwar Paswan, aged about 70 years, Male, Son of Late Faguni Das, Resident of Village-Parri, P.S.-Alauli, District-Khagaria. 2.

Surendra Paswan, aged about 38 years, Male, Son of Baleshwar Paswan, Resident of Village-Parri, P.S.-Alauli, District-Khagaria. 3.

Rina Devi, aged about 34 years, Female, Wife of Surendra Paswan, Resident of Village-Parri, P.S.-Alauli, District-Khagaria. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Ram Sumiran Rai, Advocate.

For the Opposite Party :

Mr.Bharat Bhushan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 302/34 of the IPC. The prosecution story, in brief, is that the petitioners and other accused persons killed the niece of the informant. It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.397 of 2020(3) dt.18-06-2020 2/3 petitioners that the petitioners have got no criminal antecedent. The petitioners have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioner no. 1 is the father-in-law, petitioner no. 2 is the brother-in-law (Bhaisur) and petitioner no. 3 is the sister-in-law (Gotani) of the deceased. They are separate in mess and property from the husband of the deceased. They have got no concern with the alleged occurrence. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned J.M. Ist Class, Khagaria, in connection with Alauli P.S. Case No. 184/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in

Patna High Court CR. MISC. No.397 of 2020(3) dt.18-06-2020 3/3 connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T