Dwarik Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42751 of 2015 Arising Out of PS.Case No. -202 Year- 2014 Thana -BHAGWANPUR District- VAISHALI(HAJIPUR) ======================================================

1. Dwarik Paswan, S/o Late Moti Paswan

2. Bedamiya Devi, W/o Dwarik Paswan

3. Sanju Devi, W/o Lalu Paswan

4. Manju Devi, W/o Arvind Paswan All R/o Village - Khirkhaua, P.S. - Bhagwanpur, District - Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anish Chandra, Advocate For the Opposite Party/s : Mr. Sanjay Kr.Singh(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-02-2016 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioner nos.1 and 2, being the father-in-law and the mother-in-law respectively, and petitioner nos.3 and 4, being the sisters-in-law, are apprehending their arrest in connection with Bhagwanpur P.S. Case No.202 of 2014 for allegedly having committed the offences under Sections 304B and 201/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that actually it is a case in which the girl had gone missing and there has been no death and, therefore, the provisions of Section 304B

Patna High Court Cr.Misc. No.42751 of 2015 (5) dt.18-02-2016 2/2 of the I.P.C. will not be attracted. He further submits that during the course of investigation, it has emerged that the victim girl had been taken away from her Sasural by her uncle and from her own home, the victim girl had disappeared. Learned counsel for the State submits that in the case diary it has come that actually it is a case under Sections 364 and 498A of the I.P.C. and, therefore, this case will not attract the provisions of Section 304B of the I.P.C.

In view of the entire facts and circumstances and also because of the fact that no specific role has been assigned to these petitioners, let all the four petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Bhagwanpur P.S. Case No.202 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) PNM U T