Amlesh Paswan @ Amlesh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36085 of 2021 Arising Out of PS. Case No.-77 Year-2020 Thana- RATANPUR District- Supaul ====================================================== 1.
AMLESH PASWAN @ AMLESH SON OF LATE MISHRI LAL PASWAN R/O VILLAGE- DHADHA, WARD NO.3, P.S.- RATANPURA, DIST.- SUPAUL 2.
SUNITA DEVI W/O AMLESH PASWAN @ AMLESH R/O VILLAGEDHADHA, WARD NO.3, P.S.- RATANPURA, DIST.- SUPAUL ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisuzzoha- Advocate For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala- A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-12-2021 Heard the learned counsel for the petitioners and the learned APP for the State.
The petitioners seek bail in connection with Ratanpura P. S. Case No.77 of 2020, instituted for the offences under Sections 304(B), 201/ 34 of the Indian Penal Code. The learned counsel for the petitioners submits that the petitioners are in custody since 13.12.2020, they are persons with clean antecedents, charge-sheet has been submitted in this case and petitioners are father-in-law and mother-in-law of the deceased.
The learned counsel for the petitioners submits that from perusal of the allegation as alleged in the F.I.R., it would
Patna High Court CR. MISC. No.36085 of 2021(2) dt.06-12-2021 2/3 manifest that the informant alleges that the daughter was married on 12.03.2020 with Sivesh Paswan and thereafter, the son-in-law started demanding motorcycle on which informant somehow gave Hero Honda HF Deluxe motorcycle, but again the husband started demanding costly motorcycle and used to torture her for non-fulfilment of the demand. It is further alleged that the daughter was a vegetarian, but the husband of the deceased used to torture her if she refused to cook nonvegetarian food. It is further alleged that on 11.11.2020, the sonin-law brought fish and asked the deceased to cook, but when she refused then all the accused persons assaulted her as a result of which, she died and the informant was informed about the occurrence on 13.11.
2020 at Gujarat from where he came and the dead body was found lying in the bank of Koshi river and the daughter was carrying a pregnancy of three months. The learned counsel for the petitioners submits that the husband of the deceased is in custody and from perusal of the allegation as alleged in the F.I.R., it would manifest that nothing has been alleged against these petitioners and the allegations are general and omnibus in nature. The learned A.P.P. for the State opposes the bail application.
Patna High Court CR. MISC. No.36085 of 2021(2) dt.06-12-2021 3/3 Considering the fact that the petitioners are father-inlaw and mother-in-law of the deceased, charge-sheet has been submitted in this case and they are in custody since 13.12.2020, the petitioners, above-named, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Birpur at Supaul in connection with Ratanpura P. S. Case No.77 of 2020. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T