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Patna High CourtCR. MISC./9436/2022disposed

Deeplal Paswan v. The State Of Bihar

2022-09-02Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9436 of 2022 Arising Out of PS. Case No.-100 Year-2021 Thana- MAJORGANJ District- Sitamarhi ====================================================== 1.

DEEPLAL PASWAN Son of Rambilash Paswan Resident of Village - Bhokraha, P.s.- Mejarganj, Distt.- Sitamarhi. 2.

Manoj Paswan Son of Deeplal Paswan Resident of Village - Bhokraha, P.s.- Mejarganj, Distt.- Sitamarhi.

3.

Sanjeev Kumar Son of Manoj Paswan Resident of Village - Bhokraha, P.s.- Mejarganj, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Naresh Paswan Son of Tejan Paswan Resident of Village - Patahi, P.s.- Patahi, Distt.- East Champaran at Motihari.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hans Lal Kumar, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners seeks permission to withdraw the anticipatory bail application with respect to petitioner nos. 2 and 3.

Permission is accorded.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.9436 of 2022(2) dt.02-09-2022 2/3 petitioner no. 1 is a person with clean antecedent and is father-in-law of the deceased and is separate in mess and business from the husband of the deceased, it is next submitted that the deceased was second wife of Satya Narayan Paswan, the son of the petitioner no. 1, and they had performed love marriage and were not staying with petitioner.

Learned counsel for the petitioner submits that informant is not an eye-witness to the occurrence and the allegation in the FIR against the petitioner is general and omnibus in nature and has been implicated merely because he is father-in-law to the deceased.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner no.1, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the

Patna High Court CR. MISC. No.9436 of 2022(2) dt.02-09-2022 3/3 case is pending/successor court in connection with Mejarganj P.S. Case No. 100 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T