Shiv Prasad Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20194 of 2019 Arising Out of PS. Case No.-455 Year-2018 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.
SHIV PRASAD PASWAN Son of Late Singheshwar Paswan Resident of Village - Ranipur Bela, P.S.- Darbhanga (Sadar), District- Darbhanga (Bihar) 2.
Sita Devi Wife of Shiv Prasad Paswan Resident of Village - Ranipur Bela, P.S.- Darbhanga (Sadar), District- Darbhanga (Bihar) 3.
Pramod Paswan Son of Shiv Prasad Paswan Resident of Village - Ranipur Bela, P.S.- Darbhanga (Sadar), District- Darbhanga (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinay Kumar Mishra For the Opposite Party/s :
Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-07-2019 Learned counsel for the petitioners states that the petitioner no. 3 has been arrested and seeks permission to withdraw the anticipatory bail petition as against him
2. Permission is accorded. Anticipatory bail petition as against petitioner no. 3 is permitted to be withdrawn and is dismissed as such.
3. Heard learned counsel for the petitioners and learned APP for the State.
4. The petitioner nos. 1 and 2 apprehend their arrest for the offences alleged under Sections 302 and 34 IPC registered in connection with Darbhanga (Sadar) P.S. Case No. 455 of 2018.
5. It is submitted that petitioner nos. 1 and 2 have been falsely implicated merely because they happen to be the father-in-law and mother-in-law respectively, of the deceased and as a matter of fact the deceased was pregnant at the relevant time and was injured during repair work of the house and succumbed to her injuries during treatment at D.M.C.H. The petitioner nos. 1 and 2 claim clean antecedents.
Patna High Court CR. MISC. No.20194 of 2019(4) dt.16-07-2019 2/2
6. Learned APP on the other hand opposes the petition referring to the post mortem report showing multiple sharp cut injuries of grievous nature.
7. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant the privilege of anticipatory bail to the petitioners. The anticipatory bail petition stands dismissed.
8. If the petitioners surrender and seek regular bail before the learned Court below the same shall be considered on its own merit in accordance with law and without being prejudiced by any observation in the present order.
(Vikash Jain, J) Chandran/- U T