Koudhu Paswan And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.31235 of 2015 (3) dt.23-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31235 of 2015 Arising Out of PS.Case No. -260 Year- 2014 Thana -BIHPUR District- BHAGALPUR ======================================================

1. Koudhu Paswan S/o Botali Paswan

2. Radha Devi W/o Sri Koudhu Paswan

3. Dipu Devi @ Dipa Devi W/o Ramchandra Paswan (wrongly mentioned in the F.I.R. as W/o Vijay Paswan) All residents of village Hario, P.S. - Bihpur, District - Bhagalpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rajiv Prakash Singh For the Opposite Party/s : Mr. Rajendra Pd.Nat(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 23-09-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners being the father-in-law, mother-inlaw and sister-in-law are apprehending their arrest in connection with Bihpur P.S. Case No. 260 of 2014 registered for the offences punishable under Sections 498(A), 304(B) and 201/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

The allegation against the petitioners is that daughter of the informant was killed and her dead body was thrown into the river.

Today, learned counsel for the petitioners files a document (Annexure-2 series) from which it appears that actually the lady, in question, had been cremated. The

Patna High Court Cr.Misc. No.31235 of 2015 (3) dt.23-09-2015 contention of the petitioners is that on account of her death the family of the deceased had been informed, who had come and take part in the cremation and thereafter, due to some rumor in the village, the informant has filed the present case making false and malicious allegation against these petitioners. Considering the fact that the husband and Dewar of the deceased are already in custody and petitioner nos. 1 and 2 being a old persons and petitioner no. 3 being a lady, let the petitioners above named, in the event of their arrest or surrender before the Court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Naugachhiya in connection with Bihpur P.S. Case No. 260 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.

(Anjana Mishra, J) Jagdish/- U T