Laldeo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19601 of 2022 Arising Out of PS. Case No.-213 Year-2021 Thana- OBRA District- Aurangabad ====================================================== 1.

LALDEO PASWAN SON OF LATE LAL BIHARI PASWAN R/O VILLAGE- CHAPRI, P.S.- OBRA, DISTRICT- AURANGABAD (BIHAR) 2.

PRABHA DEVI WIFE OF LAL DEO PASWAN R/O VILLAGE- CHAPRI, P.S.- OBRA, DISTRICT- AURANGABAD (BIHAR) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

BABITA DEVI WIFE OF PAWAN PASWAN R/O VILLAGE- CHAPRI, P.S.- OBRA, DISTRICT- AURANGABAD PRESENTLY RESIDING AT ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vyas Kumar Mishra For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 498A/354/34 and some other ancillary Sections of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against

Patna High Court CR. MISC. No.19601 of 2022(2) dt.01-09-2022 2/2 the petitioners. The petitioners are father-in-law and mother-inlaw respectively of the victim. They have falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioners have relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R. Considering the facts and circumstances of the case and also the lockdown, the petitioners above named, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned Sub divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Obra P.S. Case No. 213 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J) BKS/- U T