Arbind Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36571 of 2015 Arising Out of PS.Case No. -202 Year- 2014 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ======================================================

1. Arbind Paswan

2. Lalu Paswan Both Sons of Dwarik Paswan l

3. Siya Ram Paswan S/o Late Moti Paswan All R/o village - Khirkhaua, P.S. Bhagwanpur, District - Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anish Chandra For the Opposite Party/s : Mr. Prem Kumar Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 24-02-2016 This matter has been placed before this Court in view of the administrative order of the Hon'ble the Acting Chief Justice dated 09.09.2015.

The petitioners being the brothers and co-villager of the husband of the victim are apprehending their arrest in a case registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code. The prosecution case is of killing the

Patna High Court Cr.Misc. No.36571 of 2015 (4) dt.24-02-2016 2/3 niece of the informant within one year of the marriage for non-fulfillment of the dowry demand.

It is submitted by learned counsel for the petitioners that actually victim went missing and her death has not been ascertained till date, hence, even assuming the accusation no offence under Section 304B IPC is made out.

It is further submitted that the victim was taken to her parent's house by her uncle from her inlaws house and from there she disappeared. The parents of the husband of the victim have been granted anticipatory bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 42751 of 2015.

Considering the accusation being omnibus and general against entire in-laws including the petitioners and the other similarly situated accused persons have been granted anticipatory bail, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court Cr.Misc. No.36571 of 2015 (4) dt.24-02-2016 3/3 Magistrate, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 202 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T