Raj Kishore Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34706 of 2019 Arising Out of PS. Case No.-9 Year-2019 Thana- NAUHATTA District- Saharsa ====================================================== 1.

Raj Kishore Paswan, Son of Siya Ram Paswan, Resident of Village - Sattour O.P. Darhar, P.S.- Nauhatta, District- Saharsa 2.

Siya Ram Paswan, Son of Late Sahdeo Paswan, Resident of Village - Sattour O.P. Darhar, P.S.- Nauhatta, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners, being the elder brother and father of the husband of the victim are languishing in custody since 21.02.2019 in a case registered for the offences punishable under Sections 341, 323, 324, 498A and 302 of the Indian Penal Code.

The prosecution case as per the written report of the informant is that his sister, Ranjan Devi was married with Chandrakishore Paswan about 15 years prior to the lodging of the case. The sister of the informant was blessed with three children but was subjected to torture and ultimately on 23.01.2019, the informant received information that she has

Patna High Court CR. MISC. No.34706 of 2019(2) dt.28-05-2019 2/2 been killed and when the informant reached to the in-law house of his sister, he found her dead.

It is submitted by learned counsel for the petitioners that admittedly the informant is not the eye witness to the alleged occurrence. The sister of the informant died after 15 years of the marriage and the cause of death has not been ascertained during postmortem, hence, the viscera has been preserved. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that the petitioners are named in the FIR.

Considering the accusation being omnibus and general against the petitioners and investigation already being concluded, let the above named petitioners be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Saharsa in connection with Nauhatta P.S. Case No. 09 of 2019.

(Dinesh Kumar Singh, J) DKS/- U T