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Patna High CourtCR. MISC./11260/2019bail granted

Samundri Devi And ORS v. The State Of Bihar

2019-05-17Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11260 of 2019 Arising Out of PS. Case No.-215 Year-2018 Thana- BIDUPUR District- Vaishali ====================================================== 1.

Samundri Devi, Wife of Nathu Paswan, Resident of Village-Panapur, P.S.- Bidupur in the District - Vaishali 2.

Usha Devi, Wife of Rinku Paswan Resident of Village-Panapur, P.S.- Bidupur in the District - Vaishali 3.

Nathu Paswan, Son of Late Raj Narayan Paswan, Resident of VillagePanapur, P.S.-Bidupur in the District - Vaishali 4.

Rinku Paswan, Son of Nathu Paswan, Resident of Village-Panapur, P.S.- Bidupur in the District - Vaishali 5.

Amarjeet Paswan, Son of Banai Paswan, Resident of Village-Panapur, P.S.- Bidupur in the District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bidupur P.S. Case No. 215 of 2018, registered under Sections 304(B) and 201/34 of the Indian Penal Code.

The accusation is of killing the daughter of the informant, Lakhandev Paswan, by her husband and in-laws due to non-fulfillment of demand of Rs.1,00,000/- and also dispose of her dead body. Further allegation is that Sinku Paswan, husband of the deceased, earlier threatened her of dire consequences due to nonfulfillment of demand of dowry.

Patna High Court CR. MISC. No.11260 of 2019(3) dt.17-05-2019 2/2 Learned counsel for the petitioner submits that petitioner nos. 1, 2, 3 and 4 are mother-in-law, Mausi, father-in-law and brother-in-law of the deceased whereas petitioner no. 5 is the mediator of marriage of daughter of the informant with Sinku Paswan. The F.I.R. shows that specific allegation of demand of cash and torturing to deceased against the petitioner. Further submission is that Sinku Paswan, husband of the deceased, used to reside separate to his families members but due to ulterior motive, petitioners have falsely been implicated in this case.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Bidupur P.S. Case No. 215 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T