Suranjan Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8213 of 2019 Arising Out of PS. Case No.-344 Year-2015 Thana- HAJIPUR SADAR District- Vaishali ======================================================

1. Suranjan Paswan, aged about 60 years, Male, son of Late Ballam Paswan,

2. Rekha Devi, aged about 55 years, Female, Wife of Sri Suranjan Paswan, Both resident of Village - Jairam Sahwazpur, P.S. Hajipur Sadar, District Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhakar Kumar, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-02-2019 Heard leaned counsel for the petitioners and learned APP for the State.

The petitioners, being the parents of the husband of the victim, are languishing in custody since 03.07.2018 in a case registered for the offences punishable under Sections 498 (A), 304(B), 201, 120(B) and 34 of the Indian Penal Code. The prosecution case as per the written report of Mohan Paswan, submitted to the S.H.O., Sadar P.S. Hajipur is to the effect that the daughter of the informant namely, Bebi Devi was married with the son of the petitioners namely, Rajan

Patna High Court Cr.Misc. No.8213 of 2019(2) dt.14-02-2019 2/3 Paswan in the year 2008. Subsequently, they were blessed with three children and thereafter, further dowry demand of a motorcycle was made and due to non-fulfillment of the same, torture was inflicted upon the daughter of the informant by the in-law family members. It is further alleged that on 08.07.2015, the informant received an information that his daughter is seriously ill, whereupon the informant, along with his son and nephew, reached to in-law's house of his daughter but no one was present there. Thereafter, the informant came to know that his daughter has been killed for non-fulfillment of further dowry demand and her dead body has been disposed of.

It is submitted by learned counsel for the petitioners that thrust of accusation is against the husband of the victim, who has been acquitted by the Court of learned Sessions Judge, Vaishali in Sessions Trial No.406 of 2016. It is further submitted that the informant filed a compromise petition before the learned Court below to compromise the case and the matter has been compromised between the parties, petition to that effect has been brought on record as Annexure-3. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP for the State submits that the accusation

Patna High Court Cr.Misc. No.8213 of 2019(2) dt.14-02-2019 3/3 is specific against the petitioners.

Considering the fact that the husband of the victim has been acquitted by the learned Court below and the investigation has already been concluded, coupled with the statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Hajipur Sadar P.S. Case No.344 of 2015.

(Dinesh Kumar Singh, J) Deepak/- U T