Hari Darshan Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15718 of 2017 Arising Out of PS.Case No. -113 Year- 2016 Thana -MAHILA P.S. District- MUZAFFARPUR ======================================================

1. Hari Darshan Paswan. son of late Mahavir Paswan

2. Chandrama Devi, wife of Hari Darshan Paswan

3. Meena Devi, wife of Sanjay Paswan All are residents of village Dadar Kolhua, P.S. - Ahiyapur, District - Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mrs. Bela Singh, Advocate. For the Opposite Party/s : Mr. Ashok Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-04-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Muzaffarpur Mahila P.S. Case No. 113 of 2016 instituted for the offence under Sections 376, 420 and 34 of the Indian Penal Code. There is allegation in the written report that after death of husband of the informant, these petitioners assured her to get her marriage performed with Ajay Paswan. Ajay Paswan also established physical relationship with her but finally refused to marry with her. Petitioners also did not become ready to perform marriage of the informant with Ajay Paswan. Petitioners are said to be father, mother and sister-in-law of Ajay Paswan.

Patna High Court Cr.Misc. No.15718 of 2017 (2) dt.26-04-2017 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Muzaffarpur Mahila P.S. Case No. 113 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-cum-Sub Judge 7th, Muzaffarpur, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and

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

(Sanjay Priya, J) S.Ali/- U T