Patna High CourtCR. MISC./3269/2015bail granted

Hira Paswan And ORS v. The State Of Bihar

2015-01-23Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.3269 of 2015 (2) dt.23-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3269 of 2015 Arising Out of PS.Case No. -159 Year- 2014 Thana -PARU District- MUZAFFARPUR ======================================================

1. Hira Paswan, son of Jawahar Paswan

2. Jawahar Paswan, son of late Deoki Paswan

3. Siyapati Devi, wife of Jawahar Paswan

4. Champa Devi, wife of Hira Paswan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ganesh Prasad Singh For the Opposite Party/s : Mr. Sunil Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-01-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Admittedly, petitioner no. 1 is bhaisur, petitioner no. 2 is father in law, petitioner no. 3 is mother in law and petitioner no. 4 is gotini of the deceased and all the petitioners apprehend their arrest in connection with Paru P.S. Case No. 159 of 2014 registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.

The informant claimed himself to be eye witness of the alleged occurrence and stated that in his presence the deceased was badly assaulted and administered poison by the petitioners as well as husband of the deceased but Annexure-2, the photostat copy of post mortem report of the deceased reveals that no ante

Patna High Court Cr.Misc. No.3269 of 2015 (2) dt.23-01-2015 mortem injury was found on the person of the deceased at the time of her post mortem examination.

The contention on behalf of the petitioners is that due to quarrel with her husband deceased consumed poison. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Muzaffarpur in Paru P.S. Case No. 159 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T