Baleshwar Paswan @ Matho Paswan @ Mahesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55136 of 2021 Arising Out of PS. Case No.-88 Year-2020 Thana- DEEPNAGAR District- Nalanda ====================================================== 1.

BALESHWAR PASWAN @ MATHO PASWAN @ MAHESH PASWAN S/O LATE MAUJI PASWAN R/O VILLAGE - HASANCHAK, P.S. - HARNAUT, DISTRICT - NALANDA 2.

MUNNI DEVI W/O MAHESH PASWAN @ MATO PASWAN @ BALESHWAR PASWAN R/O VILLAGE - HASANCHAK, P.S. - HARNAUT, DISTRICT - NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the informant :

Mr. Parmeshwar Vishwakarma, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-02-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioners seek regular bail in connection with Deepnagar P.S. Case No. 88 of 2020 instituted for the offences under Sections 304(B) and 201/34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are in custody since 22.06.2021, are persons with clean antecedent and charge-sheet has been submitted in this case.

The informant alleges that his daughter was married

Patna High Court CR. MISC. No.55136 of 2021(2) dt.21-02-2022 2/3 to Shankar Paswan @ Dhannu in the year, 2007, further two years after marriage, the husband along with his family member started demanding Rs.50,000/- and on non-fulfillment of the same, the deceased used to be assaulted. Further on 01.04.2021, someone informed the informant that his daughter has been killed and cremated, when the informant reached the place of occurrence, he found only ashes.

Learned counsel for the petitioners submits that the petitioners are Nandosi and Nanad of the deceased and they lived separately and the informant falsely implicated them when the husband is already in custody and it is further submitted that the marriage was more than 14 years old and in between those 14 years the deceased and the informant never instituted any case against the petitioners or their family member. Learned A.P.P. for the State and learned counsel for the informant vehemently opposes the bail application and submits that there is specific allegation against the petitioners in the FIR but are not able to meet the submission of the learned counsel for the petitioners that the marriage was 14 years old and in between the said period no allegation was ever levelled against the petitioners.

Considering the fact that the petitioners are in

Patna High Court CR. MISC. No.55136 of 2021(2) dt.21-02-2022 3/3 custody, are persons with clean antecedent, charge-sheet has been submitted and petitioners are Nandosi and Nanad of the deceased and the husband is already in custody, let the petitioners above named be released on bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Deepnagar P.S. Case No. 88 of 2020.

(Satyavrat Verma, J) Kundan/- U T