Shatrudhan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9410 of 2024 Arising Out of PS. Case No.-258 Year-2023 Thana- LALGANJ District- Vaishali ====================================================== 1.
Shatrudhan Paswan, S/O Yogendra Paswan, 2.
Shobha Devi, W/O Shatrudhan Paswan Both are residents of village- Shahdullahpur, P.S- Lalganj, Distt.- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Singh, Advocate For the Opposite Party/s :
Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 26-04-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. In the present case, the petitioners are apprehending their arrest in connection with Lalganj P.S. Case No. 258 of 2023 for the offences under Sections 304B/34 of the Indian Penal Code.
3. As per prosecution case, the petitioners are parents-in-law of the deceased daughter of the informant and the allegation against them is that of demanding cash and bullet motorcycle as dowry in collusion with other co-accused persons and when the demand was not met, they committed dowry death of the daughter of the informant.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.9410 of 2024(3) dt.26-04-2024 2/3 petitioners are innocent and have falsely been implicated in this case. The petitioners are father-in-law and mother-in-law of the deceased, respectively. The learned counsel further submits that from the FIR, it is also evident that the occurrence took place on 06.06.2023 and despite getting the information immediately, the FIR was lodged only on 17.07.2023 without any explanation. This shows after thought and deliberation on part of the informant in falsely implicating the petitioners. The petitioners have no concern with the alleged occurrence and they are separate in meal and mess with the husband of the deceased just after his marriage. The learned counsel further submits that the deceased was a short tempered lady and over some minor dispute with her husband, she committed suicide by handing herself. Moreover, there is general and omnibus allegation against the petitioners, who are not having any criminal antecedent.
5. Learned APP opposes the submission made on behalf of the petitioners. Learned APP submits that the daughter of the informant was strangulated to death by the petitioners along with other co-accused persons.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering
Patna High Court CR. MISC. No.9410 of 2024(3) dt.26-04-2024 3/3 the fact that the allegations are vague and non-specific and further considering the delay in lodging the FIR and also considering the possibility of false accusation, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- VIIth, Vaishali at Hajipur/concerned court in connection with Lalganj P.S. Case No. 258 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions : (i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) V.K.Pandey/- U T