Sanjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42640 of 2022 Arising Out of PS. Case No.-119 Year-2022 Thana- NAUBATPUR District- Patna ====================================================== 1.

SANJAY PASWAN Son of Sugriv Paswan Resident of Village - Aropur, P.s.- Naubatpur, Distt.- Patna.

2.

Shila Devi W/o Sanjay Paswan Resident of Village - Aropur, P.s.- Naubatpur, Distt.- Patna.

3.

Suraj Paswan @ Suraj Kumar Son of Sanjay Paswan Resident of Village - Aropur, P.S.- Naubatpur, Distt.- Patna.

4.

Ravi Paswan Son of Sanjay Paswan Resident of Village - Aropur, P.S.- Naubatpur, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Usha Kumari Singh, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-11-2022 Learned counsel for the petitioners is permitted to remove the defects, as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioners and learned APP for the State.

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

Allegation is that the accused persons caused death of the daughter of the informant due to non-fulfillment of demand

Patna High Court CR. MISC. No.42640 of 2022(2) dt.14-11-2022 2/3 of dowry.

Learned counsel for the petitioners submits that the petitioners have clean antecedents and they have been falsely implicated in the present case. He further submits that in fact the petitioner no. 1 is father-in-law and petitioner no. 2 is mother-in-law and petitioner nos. 3 and 4 are brother-in-laws of the deceased. He further submits that the petitioners are separate in mess from the husband of the deceased and they have no concern at all with day to day family affairs of the deceased. He further submits that the husband of the deceased namely Suman Kumar @ Raja is in judicial custody.

Learned APP for the State has opposed the prayer for bail of the petitioners.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Naubatpur P.S. Case No. 119 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of

Patna High Court CR. MISC. No.42640 of 2022(2) dt.14-11-2022 3/3 Criminal Procedure and with other following conditions :-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T