Lakhan Kumar Paswan @ Lakhan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37582 of 2025 Arising Out of PS. Case No.-124 Year-2024 Thana- GAUNAHA District- West Champaran ====================================================== 1.
Lakhan Kumar Paswan @ Lakhan Kumar S/O Premchandra Paswan R/O Village- Pakadi Bisauliya, PS- Gaunaha, Dist.- West Champaran 2.
Saroj Devi W/O Premchandra Paswan R/O Village- Pakadi Bisauliya, PSGaunaha, Dist.- West Champaran 3.
Lalsa Kumari D/O Premchandra Paswan R/O Village- Pakadi Bisauliya, PSGaunaha, Dist.- West Champaran 4.
Rajendra Paswan @ Rajindra Paswan S/O Late Kanchan Paswan R/O Village- Pakadi Bisauliya, PS- Gaunaha, Dist.- West Champaran 5.
Premchandra Paswan S/O Rajendra Paswan R/O Village- Pakadi Bisauliya, PS- Gaunaha, Dist.- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prerna Anand, Advocate For the Opposite Party/s :
Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 80, 238, 3(5) of Bhartiya Nyaya Sanhita.
3. The learned counsel for the petitioners after some argument realising his difficulty seeks permission to withdraw the anticipatory bail application with respect to petitioner no. 2 (Saroj Devi), petitioner no. 4 (Rajendra Paswan) and petitioner No. 5 (Premchandra Paswan). The learned counsel for the
Patna High Court CR. MISC. No.37582 of 2025(2) dt.25-06-2025 2/3 petitioner next submits that petitioner no. 1 and 3 are persons with clean antecedent and are aged about 20 and 13 years. It is next submitted that petitioner no. 1 and 3 are unmarried brother in law and sister in law of the deceased. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that informant is not an eye witness to the occurrence as such the entire allegation hinges around suspicion. It is also submitted that informant alleges that the accused persons were demanding dowry of Rs. 50,000/-, washing machine and a refrigerator from the victim and for non-fulfillment of the demand the victim was killed and thereupon her dead body was cremated.
It is next submitted that whenever any dispute arises in between the husband and the wife and an occurrence of the nature as alleged takes place the entire family members are implicated in a mechanical manner. It is next submitted that if petitioner no. 1 and 3 are sent to judicial custody their entire career would get jeoparadised and chances are bright that they may come in contact with hardened criminal.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
5. Considering the submissions and taking into account the age of petitioner nos.1 and 3, the petitioner nos. 1 and 3
Patna High Court CR. MISC. No.37582 of 2025(2) dt.25-06-2025 3/3 above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory 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 the learned trial court where the case is pending/successor court in connection with Gaunaha P.S. Case No. 124 of 2024, subject to the conditions as laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J) Raj Ranjan/- U T