Virendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37980 of 2020 Arising Out of PS. Case No.-110 Year-2020 Thana- SHYAMPUR BHATHA District- Sheohar ====================================================== 1.

Virendra Paswan, aged about 60 years, Male, Son Of Bhaju Paswan, Resident Of Village - Dhanhara, P.S. - Shyampur, Bhatahan, District - Sheohar.

2.

Sanjeev Paswan, aged about 19 years, Male, Son Of Virendra Paswan, Resident Of Village - Dhanhara, P.S. - Shyampur, Bhatahan, District - Sheohar.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Devendra Kumar, Advocate.

For the Opposite Party :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-08-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioners and learned counsel for the State through virtual mode.

The petitioners are apprehending their arrest in connection with Shyampur Bhataha P.S. Case No. 110 of 2020 for the offence registered under Sections 304(B) and 120(B) of the I.P.C.

The prosecution story, in brief, is that the informant's daughter, namely, Dazy Kumari, was married with co-accused Rajnish Paswan in the year 2018 with Hindu customs and rites

Patna High Court CR. MISC. No.37980 of 2020(3) dt.31-08-2021 2/3 and on the eve of marriage, the informant had given one Motorcycle, cash of Rs. 1,51,000/-, one golden chain of 11⁄2 Bhar, one golden ring of five grams and other articles as per his capacity. After giving so many articles, accused persons started demanding of Rs. 1,00,000/- from the parents of the deceased to open a shop and on non-fulfilment of the said demand, accused persons including the petitioners killed the informant's daughter on 03.07.2020 at 2.00 P.M.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner no. 1 is the fatherin-law and petitioner no. 2 is the brother-in-law (Dewar) of the deceased. They are separate in mess and property from the husband of the deceased. They have got no concern with the alleged occurrence. The husband of the deceased is in custody. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of

Patna High Court CR. MISC. No.37980 of 2020(3) dt.31-08-2021 3/3 twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of the learned A.C.J.M. Sheohar, in connection with Shyampur Bhataha P.S. Case No. 110/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T