Bhikhari Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44083 of 2019 Arising Out of PS. Case No.-140 Year-2018 Thana- PATEPUR District- Vaishali ====================================================== 1.
Bhikhari Paswan S/o Late Haruni Paswan 2.
Pano Devi W/o Bhikhari Paswan 3.
Bipin Kumar @ Bipin Paswan S/o Bhikhari Paswan 4.
Asha Kumari @ Asha Devi W/o Bipin Kumar @ Bipin Paswan All are resident of village- Teknari, P.S.- Patepur, District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Rina Sinha For the Opposite Party/s :
Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 18-07-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Patepur P.S. Case No. 140 of 2018 registered for offence punishable under sections 304B, 201/34 of the Indian Penal Code.
It has been alleged that the sister of informant was married with Vikash Kumar and at the time of marriage, sufficient cash amount, motor cycle and ornament were given to him, after some time, the accused demanded a four-wheeler vehicle and always put pressure on the victim girl and later on, she has been killed.
Patna High Court CR. MISC. No.44083 of 2019(2) dt.18-07-2019 2/3 The learned counsel for the petitioners submits that there is delay of five day in lodging the FIR which has been instituted on the fact that when the informant gave a call to his sister on mobile, she did not pick up mobile and thereafter, the enquiry has been made and found that the sister of informant has been killed.
The petitioner no. 1 is father-in-law, petitioner no. 2 is mother-in-law, petitioner no. 3 is brother-in-law of the victim girl and petitioner no. 4 is wife of petitioner no. 3. Looking to the facts and circumstances of the case, the prayer for bail of the petitioner nos. 1, 3 and 4 is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-X, Vaishali at Hajipur in connection with Patepur P.S. Case No. 140 of 2018, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of petitioner nos. 1, 3 and 4 shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner nos. 1, 3 and 4 will not induce any witness or tamper
Patna High Court CR. MISC. No.44083 of 2019(2) dt.18-07-2019 3/3 with the evidence. The petitioner nos. 1, 3 and 4 shall cooperate in the disposal of trial and make themselves available as and when required by the court. Whenever the Police will call the petitioner nos. 1, 3 and 4 for the purpose of interrogation/investigation, they would present themselves, In case of failure on two consecutive dates without any valid reason, the prosecution will have liberty to make a prayer for cancellation of their bail before the court below. So far petitioner no. 2, her prayer for bail is rejected. (Shivaji Pandey, J) Mahesh/- U T