Shiv Shankar Paswan @ Shiv Shankar Kr And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35602 of 2018 Arising Out of PS.Case No. -212 Year- 2018 Thana -KATIHAR District- KATIHAR ======================================================
1. Shiv Shankar Paswan @ Shiv Shankar Kr, Son of Jiya Lal,
2. Vinita Kumari, D/o Late Umesh Paswan.
3. Gyan Mala Devi, Wife of Late Umesh Paswan, All resident of village Balthi Mahespur P.S. Kursela, District- Katihar. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-07-2018 As prayed for learned counsel for the petitioner is permitted to make correction in the name of petitioner no. 2. The petitioners are apprehending their arrest in connection with Katihar Town P.S. Case No. 212 of 2018, registered for offences punishable under Sections 376, 493, 306 and 34.
Prosecution case is that co-accused of this case, namely, Mukesh Kumar Paswan established physical relationship with the informant on the pretext of marriage and petitioners happens to be family members of said Mukesh Kumar Paswan and allegation against these petitioners that they refused the proposal of marriage of Mukesh Kumar Paswan with the informant.
Patna High Court Cr.Misc. No.35602 of 2018 (4) dt.18-07-2018 2/3 It has been submitted on behalf of the petitioners that except that they refused the marriage proposal of marriage of coaccused Mukesh Kumar Paswan with the informant, there is no allegation against them and they have falsely been roped in the present case.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, in connection with Katihar Town P.S. Case No. 212 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the
Patna High Court Cr.Misc. No.35602 of 2018 (4) dt.18-07-2018 3/3 investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T