Domi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29191 of 2020 Arising Out of PS. Case No.-299 Year-2019 Thana- BIHARIGANJ District- Madhepura ====================================================== 1.

DOMI PASWAN S/o Late Hardeo Paswan Resident of VillageBabhangama, P.S.- Bihariganj, District- Madhepura. 2.

Rajesh Paswan Son of Domi Paswan Resident of Village- Babhangama, P.S.- Bihariganj, District- Madhepura.

3.

Sanjan Devi W/o Rajesh Paswan Resident of Village- Babhangama, P.S.- Bihariganj, District- Madhepura.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Singh, Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-01-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners, in the present case, are seeking regular bail in connection with Bihariganj P.S. Case No. 299/2019 registered for the offences punishable under Section 302, 201/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that as per prosecution story these petitioners are the father-in-law, brotherin-law (bhaisur) and the sister-in-law (Gotni) respectively of the deceased daughter of the informant. These petitioners along with the husband co-accused Rajvesh Paswan have indulged in committing murder of the daughter of the informant by

2/4 administering poison.

Learned counsel for the petitioner submits that these petitioners have committed no offence and have been falsely implicated by the informant in this case. Learned counsel submits that there is no eye witness to the alleged occurrence and petitioners are in custody since 23.01.2020 having no criminal antecedent.

Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioners.

Having regard to the facts and circumstances of the case wherein the petitioners are said to be the father-in-law, sister-in-law (Gotni) and brother-in-law (Bhaisur) of the deceased and in course of investigation no specific material has been collected by the Investigating Officer against these petitioners, they are in custody since 23.01.2020, investigation against them is complete and there is no submission on behalf of the State that the release of the petitioners at this stage is in any way likely to result in tampering with the evidence or interfering with the course of trial, let the petitioners above named be released on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) each with two sureties of the like amount each to the satisfaction of learned Judicial

3/4 Magistrate - 1st Class, Udakishunganj, Madhepura, in connection with Bihariganj P.S. Case No. 299/2019, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

4/4 And further condition that they will abide by and observe the guidelines and directives of the Government of India and the State Government with regard to COVID-19 Pandemic.

(Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.