Rajesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37449 of 2019 Arising Out of PS. Case No.-1357 Year-2018 Thana- BIHTA District- Patna ====================================================== 1.

Rajesh Paswan, Son of Late Kali Paswan, Resident of Village - Mulahipur, P.S.- Bihta, District - Patna.

2.

Baby Devi, Wife of Sri Rajesh Paswan, Resident of Village - Mulahipur, P.S.- Bihta, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2019 This is an application for grant of anticipatory bail in connection with Bihta P. S. Case No. 1357 of 2018, disclosing offences under Sections 341, 324, 326, 307, 304B, 34 of IPC and Section 3⁄4 of Dowry Prohibition Act.

As per the prosecution case, informant is the deceased, who has stated in her statement that on the order of petitioner no.1, petitioner no.2 had set her on fire, due to that she received injuries. The aforesaid statement was recorded at PMCH, Burn Ward.

Submission of the learned counsel for the petitioners is that the whole allegation is false and concocted and independent witness during the investigation has stated that there was some dispute between the husband and wife, for

Patna High Court CR. MISC. No.37449 of 2019(3) dt.20-09-2019 2/2 which, she has committed suicide.

Heard learned A.P.P. also.

Having heard both sides, in view of the statement of the deceased, in which, she has described the allegation of the petitioners, I am not inclined to grant privilege of anticipatory bail to the petitioners, however, the petitioner are directed to surrender before the learned court below and make prayer for regular bail, which will be considered on its own merit, without being prejudiced by order of this Court.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T