Shambhu Paswan And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.6374 of 2016 (2) dt.10-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6374 of 2016 Arising Out of PS.Case No. -568 Year- 2015 Thana -HILSA District- NALANDA (BIHARSHARIFF) ======================================================

1. Shambhu Paswan S/o Late Sakal Paswan

2. Shanti Devi W/o Shambhu Paswan both residents of village - Reddy, P.S. Hilsa, District - Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Ram Anurag Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-02-2016 Heard learned counsels for the petitioners and the State. Petitioner No.1, being the elder brother of the husband of the victim lady, and petitioner No.2, being the wife of petitioner No.1, are apprehending their arrest in a case registered for the offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code.

The prosecution case, in short, is that the marriage of the informant was performed two years ago and always a demand of motorcycle was made. On 11.10.2015, the informant received an information on mobile phone that his daughter has been killed and her dead body has been disposed of.

It is submitted by learned counsel for the petitioners that

Patna High Court Cr.Misc. No.6374 of 2016 (2) dt.10-02-2016 the daughter of the informant received accidental burn injury while cooking. It is further submitted that the informant has filed a petition before the court below stating therein that on wrong information the present case has been filed against the petitioners. Moreover, accusation is specific against the husband of the victim lady and not against the petitioners. A statement has been made that the petitioners have got no criminal antecedent. Considering the aforesaid facts and circumstances, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa, in connection with Hilsa P.S. Case No.568 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Dinesh Kumar Singh, J) V.P.Sinha/- U