Sakal Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29501 of 2019 Arising Out of PS. Case No.-54 Year-2019 Thana- SARAI District- Vaishali ====================================================== 1.
Sakal Paswan, Gender Male, aged about 65 years, Son of Late Saudagar Paswan 2.
Ranju Devi, Gender-Female, aged about 38 years, Wife of Dewari Paswan 3.
Rausan Kumar, Gender-Male, aged about 19 years, Son of Dewari Paswan All are resident of Village-Fatehpur Phulwariya, P.S.- Sarai in the District of Vaishali.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Sunil Kumar, Advocate For the Opposite Party :
Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-07-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 307 and 498(A) of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act registered in connection with Sarai P.S. Case No. 54 of 2019.
3. It is submitted that the petitioners have been falsely implicated and the accusation of demand of dowry and torture is not corroborated with any objective material. It is submitted that the informant was married with accused Dilip Paswan about eight years ago and this is the first complaint of its nature against the petitioners who happen to be her father-in-law, sister-in-law and son of petitioner no. 2 respectively. It is submitted that no injury has been caused to the informant. It is submitted that the petitioners were living separately from the informant and had no concern with the day-to-day matters of the informant. The petitioners claim clean
Patna High Court CR. MISC. No.29501 of 2019(3) dt.25-07-2019 2/2 antecedents.
4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Sarai P.S. Case No. 54 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) That petitioner no. 2 shall be well represented in court on each and every date during trial except as and when directed by the learned court below to be physically present and petitioner nos. 1 and 3 shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.
(iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Vikash Jain, J) BT/- U T