Kishore Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37191 of 2016 Arising Out of PS.Case No. -116 Year- 2016 Thana -JOGAPATTI DistrictWESTCHAMPARAN (BETTIAH) =====================================

1. Kishore Paswan, S/o Manager Paswan

2. Manager Paswan @ Manegar Paswan, S/o Late Kari Paswan.

3. Godawari Devi, W/o Manager Paswan

4. Arti Devi, W/o Kishore Paswan All Resident of Village - Dumari, P.S. - Yogapatti, District - West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar, Adv. For the Opposite Party/s : Mr. Manoj Kumar - 1, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-09-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Yogapatti P.S. Case No. 116 of 2016, disclosing offences under Sections 302 and 201/34 of the Indian Penal Code.

Petitioner No. 2 is the father-in-law and petitioner No. 3 is the mother-in-law of the deceased. Petitioner No. 1 is the younger brother of the husband of the deceased, whereas petitioner No. 4 is the wife of

Patna High Court Cr.Misc. No.37191 of 2016 (2) dt.20-09-2016 2/3 petitioner No. 1. The deceased was married to coaccused, namely, Birendra Paswan, nearly 10 years before the date of occurrence.

Learned counsel, appearing on behalf of the petitioners, appears to be right in his submission that there is no apparent basis to allege that the petitioners were involved in any act leading to death of the deceased.

Considering the submission, as above, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Yogapatti P.S. Case No. 116 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners, above named, shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part

Patna High Court Cr.Misc. No.37191 of 2016 (2) dt.20-09-2016 3/3 to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T