Bipin Paswan And ORS. v. The State Of Bihar

Patna High Court Cr.Misc. No.11929 of 2015 (3) dt.29-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11929 of 2015 Arising Out of PS.Case No. -74 Year- 2014 Thana -MAHESHKHUNT District- KHAGARIA ======================================================

1. Bipin Paswan Son of Sadanand Paswan

2. Sadanand Paswan Son of Late Bangali Paswan

3. Rani Devi Wife of Sadanand Paswan

4. Lukho Devi Wife of Sagar Paswan All resident of Village - English Tola, Maheshkhunt, P.S. Mahesh Khunt, Distt. - Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s Mr. Shardanand Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 29.06.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Maheshkhunt P. S. case no. 74/2014 registered under section 304B of the Indian Penal Code and 3/ 4 of the D.P. Act. Petitioners happen to be in-laws of the deceased. Admittedly, deceased died within five years of her marriage due to burn injury and her dead body was found at her in-laws' house.

Learned counsel for the petitioners submits that petitioner nos.1, 2 and 3 are separate from the husband of the deceased which is evident from perusal of para 11 of the case diary as the Investigating officer found separate house of the

Patna High Court Cr.Misc. No.11929 of 2015 (3) dt.29-06-2015 aforesaid persons. It is further contended by him that so far as petitioner no.4 is concerned, she is Gutani of the deceased and no specific overt-act has been attributed against her. It is further contended by him that husband of the deceased has already been remanded to judicial custody.

Accordingly, it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the above named petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in Maheshkhunt P. S. case no. 74/2014 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T