Shatrudhan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5794 of 2022 Arising Out of PS. Case No.-69 Year-2021 Thana- KOTWA District- East Champaran ====================================================== 1.

SHATRUDHAN PASWAN S/o Kameshwar Paswan Resident of Jogiraha Kothi, P.S.- Kotwa, Dist.- East Champaran.

2.

Rima Devi W/o Shatrudhan Paswan Resident of Jogiraha Kothi, P.S.- Kotwa, Dist.- East Champaran.

3.

Kameshwar Paswan S/o Late Nathuni Paswan Resident of Jogiraha Kothi, P.S.- Kotwa, Dist.- East Champaran.

4.

Ramkali Devi W/o Kameshwar Paswan Resident of Jogiraha Kothi, P.S.- Kotwa, Dist.- East Champaran.

5.

Ram Vinay Paswan S/o Kameshwar Paswan Resident of Jogiraha Kothi, P.S.- Kotwa, Dist.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sangeet Deokuliar For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-08-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Kotwa P.S. Case No. 69 of 2021 registered for offence punishable under sections 302/201/34 of the Indian Penal Code. As per allegation, the marriage of deceased Ruma Devi, the daughter of informant was solemnized with co-accused Vijay Paswan in the year 2012. The accused persons subjected her to

Patna High Court CR. MISC. No.5794 of 2022(2) dt.24-08-2022 2/2 cruelty for non-fulfillment of dowry demand of Rs. 5,00,000/- cash. The accused persons had threatened to solemnize the second marriage of the husband if their demand is not fulfilled. On 02.04.2021 at about 9:30 A.M., the husband and accused persons committed murder of the deceased.

The learned counsel for the petitioners has submitted that petitioners are in-laws and the informant has filed compromise petition and the husband is still in judicial custody. There is allegation against the petitioners that they have tortured the victim for non-fulfillment of the dowry demand and the overt acts of the accused persons have been mentioned in the FIR. The witnesses in paragraph 12, 13 and 14 of the case diary have supported the occurrence, as such, in my view, it is not a fit case for anticipatory bail. Accordingly, it is rejected. Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) Mahesh/- U T