Vishun Paswan @ Visun Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50258 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- MAHUA District- Vaishali ====================================================== 1.
Vishun Paswan @ Visun Paswan S/o Late Premlal Paswan R/o Village Kanhauli Bishanparsi, P.S. Mahua, District Vaishali 2.
Vikram Kumar S/o Bishun Paswan @ Vishun Paswan R/o Village Kanhauli Bishanparsi, P.S. Mahua, District Vaishali 3.
Manisha Kumari W/o Vikram Kumar R/o Village Kanhauli Bishanparsi, P.S. Mahua, District Vaishali 4.
Ashok Paswan S/o Pawitra Paswan R/o Village Lautan Harisingharpur, P.S. Sakara, District Muzaffarpur 5.
Gita Devi W/o Ashok Paswan R/o Village Lautan Harisingharpur, P.S. Sakara, District Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vasant Vikas, Advocate For the State :
Mr. Uday Pratap Singh, APP For Informant : Mr. Rambabu Yadav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 31-08-2024 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State.
2. Petitioners apprehend their arrest in connection with Mahua P.S. Case No.57 of 2024 instituted under Sections 304B/34 of the Indian Penal Code.
3. As per prosecution case, the accused persons including the petitioners have committed murder of the informant's sister due to non-fulfillment of dowry demand.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.50258 of 2024(2) dt.31-08-2024 2/3 petitioners are innocent and have falsely been implicated in this case merely on the basis of suspicion. Petitioner no.1 is fatherin-law, petitioner no.2 is brother-in-law and petitioner no.3 is sister-in-law of the deceased and the deceased and her husband were living separately from the petitioners. Petitioner nos.4 and 5, who are parents of gotani of the deceased, were not even present at the place of occurrence. Petitioners have neither demanded any dowry nor tortured the deceased but the deceased herself committed suicide. There is no specific allegation against the petitioners. The allegations are general and omnibus. The husband of the deceased himself surrendered before the court below and he is in judicial custody. The petitioners have no criminal antecedent and they undertake to cooperate in the investigation and the trial.
5. Learned counsel for the informant and learned A.P.P. for the State oppose the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M.,
Patna High Court CR. MISC. No.50258 of 2024(2) dt.31-08-2024 3/3 Vaishali at Hajipur in connection with Mahua P.S. Case No.57 of 2024, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) Harish/- U T