Devendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24290 of 2021 Arising Out of PS. Case No.-137 Year-2020 Thana- VAISHALI District- Vaishali ====================================================== 1.

DEVENDRA PASWAN Son of Late Lalchan Paswan Resident of village - Amritpur, P.S.- Vaishali, Dist.- Viashali.

2.

Chinta Devi W/o Shree Devendra Paswan Resident of village - Amritpur, P.S.- Vaishali, Dist.- Viashali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Chandra Jha, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-09-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, office will place the matter before the Bench.

The petitioners seek bail in connection with Vaishali P.S. Case No.137 of 2020, registered for the offence punishable under Sections 304 (B)/34 of the Indian Penal Code. The prosecution case in short is that daughter of the informant has been killed by her in-laws for non-fulfillment of

Patna High Court CR. MISC. No.24290 of 2021(2) dt.20-09-2021 2/3 demand of dowry. Petitioner no.1 is the father-in-law of the deceased and petitioner no.2 is the mother-in-law of the deceased.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have not committed any offence as alleged in the FIR. No offence as alleged has ever taken place. From perusal of the FIR, it appears that petitioners had never made demand of dowry from the informant and her daughter (deceased) was never tortured. There is no material to indicate that petitioner has any connection with the alleged occurrence. There is no specific allegation against the petitioners. The petitioners live separately and has nothing to do with the conjugal life of deceased and her husband. It is further submitted at bar by learned counsel for the petitioners that the husband of the deceased is already in custody. The petitioners have no criminal antecedent and have been languishing in custody since 05.01.2021.

Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of this case, since husband of the deceased is already in custody, as stated by learned counsel for the petitioners, the above named petitioners are directed to be enlarged on bail on furnishing

Patna High Court CR. MISC. No.24290 of 2021(2) dt.20-09-2021 3/3 bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur in connection with Vaishali P.S. Case No.137 of 2020. (Anjani Kumar Sharan, J) pallavi/- U T