Ramu Paswan @ Ram Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29679 of 2019 Arising Out of PS. Case No.-392 Year-2018 Thana- MUNGER MUFFASIL District- Munger ====================================================== 1.

Ramu Paswan @ Ram Paswan, male, aged about 60 years, Son of Late Sanehi Paswan, Resident of Village - Maniyarchak, P.S.- Mufassil, District - Munger.

2.

Meena Devi, Female, aged about 55 years, Wife of Ramu Paswan, Resident of Village - Maniyarchak, P.S.- Mufassil, District - Munger. 3.

Piro Kumari @ Priyanka Kumar, Female, aged about 19 years, Daughter of Ramu Paswan, Resident of Village - Maniyarchak, P.S.- Mufassil, District - Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivendra Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-09-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The petitioners apprehend their arrest in connection with Mufassil P.S. Case No. 392 of 2018 registered under sections 302, 34 of the IPC.

The allegation against the petitioners is that the marriage of the daughter of the informant was solemnized with son of the petitioner no. 1, 8 years ago and after sometime the petitioners and others started demanding dowry of Rs. 30,000/- from the informant and her daughter and due to non-fulfillment of the same the petitioners and others tortured the daughter of

Patna High Court CR. MISC. No.29679 of 2019(5) dt.26-09-2019 2/3 the informant and on 07.11.2018 devar of the deceased informed the informant that his sister has died. Mr. Surendra Kumar, learned counsel appearing for the petitioners submits that the petitioners have falsely been implicated in this case on the basis of suspicion only and the allegation against the petitioners are general and omnibus in nature. Learned counsel further submits that the petitioner no. 1 is father in law and the petitioner no. 2 is mother in law of the deceased and the petitioner no. 3 is unmarried nanad of the deceased. Learned counsel further submits that the deceased has committed suicide by hanging herself due to fight between the deceased and her husband on trivial issue. Learned counsel further submits that both petitioner no. 1 and 2 are HIV positive, which is apparent from Annexure 2 and 2A. Learned counsel further submits that from perusal of the first information report the provision of Section 304B is not made out against the petitioners and the husband of the deceased is already in custody.

After having heard learned counsel for the parties and taking into consideration the fact that from perusal of the inquest report, it appears that the deceased has died due to hanging, I am inclined to grant anticipatory bail to all the

Patna High Court CR. MISC. No.29679 of 2019(5) dt.26-09-2019 3/3 petitioners.

Accordingly, the petitioners, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon 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, Munger in connection with Mufassil P.S. Case No. 392 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Sinha, J) Anjula/- U