Amarjeet Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48207 of 2023 Arising Out of PS. Case No.-34 Year-2023 Thana- MOKAMAH District- Patna ====================================================== 1.

AMARJEET PASWAN S/O DILIP PASWAN R/O Village- Mor West, P.SMokama, Distt.- Patna. 2.

Ful Kumariya Devi W/O Dilip Paswan R/O Village- Mor West, P.SMokama, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Kashyap, Advocate For the Opposite Party/s :

Mr.Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-08-2023 1.

Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

2.

This is an application for grant of anticipatory bail in connection with Mokama PS case no. 34 of 2023, registered for the offences punishable under Section 304(b)/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act. 3.

The allegation is regarding the accused persons including the petitioners herein, who are the brother-in-law and mother-in-law of the deceased victim lady having killed the deceased victim lady on account of non-fulfillment of the demand for dowry.

4.

The learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.48207 of 2023(2) dt.11-08-2023 2/3 the petitioners are innocent, they have been falsely implicated in the present case and they are having a clean antecedent. The learned counsel for the petitioners has further submitted by referring to paragraph no. 12 of the present petition that the husband of the deceased victim lady is already in custody, hence, no prejudice would be caused to the prosecution, in case the petitioners are granted bail.

5.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that a general and omnibus allegation has been levelled against all the accused persons, apart from the fact that the main accused i.e. the husband of the deceased victim lady is already in custody, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail.

7.

Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory

Patna High Court CR. MISC. No.48207 of 2023(2) dt.11-08-2023 3/3 bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned court of A.C.J.M.-IIIrd, Barh, Patna in connection with Mokama PS case no. 34 of 2023, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T