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Patna High CourtCR. MISC./54067/2017bail granted

Ram Paswan And ORS v. The State Of Bihar

2018-01-15Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54067 of 2017 Arising Out of PS.Case No. -174 Year- 2017 Thana -KHARAGPUR District- MUNGER ======================================================

1. Ram Paswan.

2. Company Paswan. Both Sons of Late Ugo Paswan.

3. Kabutri Devi, wife of Late Ugo Paswan.

4. Puja Devi @ Kanchan Devi, wife of Company Paswan.

5. Soni Devi, wife of Ram Paswan. All residents of Village- Bilaiya, P.S. Haweli Kharagpur, District- Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Indeshwari Prasad Mandal For the Opposite Party/s : Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-01-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Kharagpur (Shampur) P.S. Case No. 174 of 2017 instituted for the offence under Sections304B/34 of the Indian Penal Code. It has been submitted that there is specific allegation of making demand of dowry against husband Sajan Paswan. It has further been submitted that husband is already in custody. These petitioners are Bhainsurs, Gotani and mother in law of the deceased. They have no concern with the affairs of husband of the deceased. From the written report, it appears that there is general and omnibus allegation against the petitioners.

In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.54067 of 2017 (4) dt.15-01-2018 2/2 allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Kharagpur (Shampur) P.S. Case No. 174 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Munger subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will liable to cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) A.K.V./- U T