Chhotu Paswan @ Chhotu Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43121 of 2017 Arising Out of PS.Case No. -253 Year- 2016 Thana -DESARI District- VAISHALI(HAJIPUR) ======================================================
1. Chhotu Paswan @ Chhotu Kumar, Son of Jawahar Paswan
2. Arjun Paswan, Son of Jawahar Paswan
3. Jawahar Paswan, Son of Teka Paswan
4. Kohali Devi, W/o Jawahar Paswan
5. Fuleshwari Devi, W/o Arjun Paswan All R/o Village- Chakyaj, P.S.- Desri, District- Vaishali. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kunwar Ajit Singh, Adv. For the Opposite Party/s : Mr. Nityanand, APP ======================================================
CORAM:
HONOURABLE MR.
JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-09-2017 Heard the parties.
This application, for grant of anticipatory bail, arises out of Desari P.S. Case No. 253 of 2016, disclosing offences under Section 304(B) read with Section 34 of the Indian Penal Code.
Petitioner No. 1 is the younger brother and petitioner no. 2 is the elder brother of the husband of the
Patna High Court Cr.Misc. No.43121 of 2017 (2) dt.21-09-2017 2/3 deceased. Petitioner Nos. 3 and 4 are father-in-law and mother-in-law. Petitioner No. 5 is the wife of petitioner No. 2.
There is allegation of demand of a Pulsar motorcycle as dowry. The marriage was solemnized in the year 2011.
Learned counsel for the petitioners has submitted that there is no allegation that soon before the date of death of the deceased, there was any demand of dowry made by the petitioners. He has also submitted that it is highly improbable that the in-laws will make demand of a Pulsar motorcycle as dowry. It has also been submitted that the allegation of demand of dowry is apparently vague.
Considering the submission, as above, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial MagistrateII, Vaishali at Hajipur, in connection with Desari P.S. Case No. 253 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
Patna High Court Cr.Misc. No.43121 of 2017 (2) dt.21-09-2017 3/3 This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Praveen-II/- U T