Balmiki Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22359 of 2015 Arising Out of PS.Case No. -78 Year- 2014 Thana -KOCHAS District- SASARAM (ROHTAS) ======================================================

1. Balmiki Paswan S/o Jwahar Paswan

2. Radhika Devi, wife of Balmiki Paswan Both resident of Village Gangapur, Police Station Kochas (Parsathua), District Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Tiwary For the Opposite Party/s : Smt. Sucheta Yadav (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-10-2015 Heard both sides.

The petitioners, namely, Balmiki Paswan and Radhika Devi apprehend their arrest in a case under Sections 498A, 304(B), 201 of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act.

The informant stated that his sister Seema Devi was married to Dhirendra Paswan, son of the petitioners, on 02.06.2013. On 07.07.2014, Balmiki Paswan (petitioner no. 1) informed the mother of the informant that her daughter was suffering from abdominal pain. When the informant and others went there, the petitioner and others are said to have disclosed that Seema Devi died and her dead body was cremated in the morning at about 9:00. It is submitted that the petitioners never demanded

Patna High Court Cr.Misc. No.22359 of 2015 (4) dt.08-10-2015 2/2 any dowry nor tortured the deceased. The deceased died due to abdominal pain and her husband is in jail.

Considering the facts aforesaid and the fact that the petitioners are father-in-law and mother-in-law of the deceased, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram in Kochas P.S. Case No. 78/2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Dilip/- U T