Praduman Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21471 of 2021 Arising Out of PS. Case No.-160 Year-2020 Thana- SHIVSAGAR District- Rohtas ====================================================== 1.

Praduman Kushwaha Son Of Late Ram Prasad Kuswaha R/O VillageMorwa, P.S.- Sheosagar, District- Rohtas. 2.

Dharmadeo Kuswaha @ Dharm Deo Mahto Son Of Late Ram Prasad Kuswaha R/O Village- Morwa, P.S.- Sheosagar, District- Rohtas. 3.

Nageshwar Kuswaha Son Of Late Ram Prasad Kuswaha R/O VillageMorwa, P.S.- Sheosagar, District- Rohtas. 4.

Dhanjit Kuswaha Son Of Birendra Kuswaha R/O Village- Morwa, P.S.- Sheosagar, District- Rohtas.

5.

Manjet Kuswaha Son Of Birendra Kuswaha R/O Village- Morwa, P.S.- Sheosagar, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 304B, 201/34 of the Indian Penal Code.

Allegation is that the accused persons including the

Patna High Court CR. MISC. No.21471 of 2021(2) dt.08-04-2021 2/3 petitioners caused death of the daughter of the informant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in this case. The petitioners No.1, 2 and 3 are brother-in-law of the deceased and petitioners No.4 and 5 are nephew of the deceased. They are separate in mess and property from the husband of the deceased. Subsequently the informant has retracted from his earlier statement made in the F.I.R. and has made an application in the court below. The said application made by the informant is Annexure 3 to the present application. On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sasaram (Rohtas) in connection with Sheosagar P.S.

Patna High Court CR. MISC. No.21471 of 2021(2) dt.08-04-2021 3/3 No.160 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T