Binod Paswan @ Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38578 of 2023 Arising Out of PS. Case No.-134 Year-2023 Thana- HISUWA District- Nawada ====================================================== 1.

BINOD PASWAN @ BINOD KUMAR S/O LATE PRASADI PASWAN R/O Village- Nandlal Bigha, PS. Hisua, Dist. Nawada 2.

SARSWATI DEVI W/O BINOD PASWAN @ BINOD KUMAR R/O Village- Nandlal Bigha, PS. Hisua, Dist. Nawada 3.

JANKI DEVI W/O LATE BABULAL PASWAN R/O Village- Nandlal Bigha, PS. Hisua, Dist. Nawada ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-07-2023

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.

3. The informant alleges that his daughter was married to Vicky Paswan in the year 2018, after marriage she was tortured for dowry, it is next alleged that accused persons killed his daughter by strangulating her for nonfulfillment of the demand.

Patna High Court CR. MISC. No.38578 of 2023(2) dt.13-07-2023 2/3

4. The learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the present case, it is next submitted that petitioners are father, mother and aunt of victim, it is also submitted that from perusal of the allegation as alleged in the FIR it would manifest that allegation of demand and torture is general and omnibus in nature. It is next submitted that husband is in custody and whenever such occurrence takes place the entire family members are implicated when admittedly informant is not an eye witness to the occurrence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners abovenamed, 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

Patna High Court CR. MISC. No.38578 of 2023(2) dt.13-07-2023 3/3 the learned trial court where the case is pending/successor court in connection with Hisua P.S. Case No. 134 of 2023 subject to the conditions as laid down under Section 438

(2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T