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Patna High CourtCR. MISC./37419/2014bail granted

Bino Paswan And ORS v. The State Of Bihar

2015-03-25Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37419 of 2014 Arising Out of PS.Case No. -545 Year- 2013 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Bino Paswan, son of Late Parichhan Paswan.

2. Sushila Devi, wife of Bino Paswan.

3. Sonia Devi wife of Pappu Paswan @ Kamal Kishore Paswan. All resident of Village Rajwara, P.S. Barauni (Gadhara), DistrictBegusarai .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Rai Mukesh Sharma, Advocate For the Opposite Party/s : Mr. Navin Kr.Pandey (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-03-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehending their arrest in Barauni P.S. Case No. 545 of 2013 registered under Section 304 (B)/34 of the I.P.C. seek privilege of pre-arrest bail. Allegedly, the daughter of the informant due to nonfulfilment of demand of dowry was burn to death, who was married in the year 2012 itself.

Submission is that the petitioner Nos. 1 and 2 are the maternal grandfather and grandmother, whereas petitioner no. 3 is married nanad and they are living at another village having no concern with the deceased or her husband. The informant has lodged this case under mis-conception and after realizing the fact

Patna High Court Cr.Misc. No.37419 of 2014 (2) dt.25-03-2015 has filed a petition in the Court of learned C.J.M., Begusarai showing innocence of the petitioners and as such the petitioners deserve sympathetic consideration to which the learned A.P.P. does not oppose and fairly submits that vide Annexure-2, the informant has filed the petition.

In the facts and circumstances stated above, the petitioners, above named, in case of their surrender or arrest within two months from the date of receipt/production of the copy of the order shall be released on bail on execution of bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Learned C.J.M., Begusarai in connection with Barauni P.S.Case No. 545/2013, subject the conditions as laid down in Section 438 (2) of the Cr. P.C. (Jitendra Mohan Sharma, J.) Kamlesh U T