Kari Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1739 of 2021 Arising Out of PS. Case No.-187 Year-2019 Thana- MAHISHI District- Saharsa ====================================================== 1.

KARI PASWAN Son of Late Baldev Paswan Resident of VillageBhagawatpur, P.S.- Mahishi, Distt- Saharsa. 2.

CHANDESHWARI PASWAN Son of Late Baldev Paswan Resident of Village- Bhagawatpur, P.S.- Mahishi, Distt- Saharsa. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-03-2021 Heard both parties.

The petitioners seek bail in Mahishi P.S. Case No. 187 of 2019, registered for the offence punishable under Sections 498(A), 341, 323, 342, 363, 364, 365 and 302 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act. As per the prosecution case, informant's sister was married with co-accused Sanjay Paswan 15 years ago and on account of non-fulfillment of demand of dowry, Sanjay Paswan and other co-accused persons including the petitioners killed his sister and threw her dead body.

It is submitted on behalf of the petitioners that petitioner no.1 is father-in-law and petitioner no. 2 is cousin father-in-law of the deceased. They are living separately and have no concern with the affairs of the deceased. Husband of the

Patna High Court CR. MISC. No.1739 of 2021(2) dt.04-03-2021 2/2 deceased has already been granted bail by this Hon'ble Court vide order dated 09.11.2020 passed in Cr. Misc. No. 29426 of 2020. Petitioners are in custody since 15.06.2020 and bear clean antecedent. Chargesheet has already been submitted. Considering the facts and circumstances of the case, the petitioners above-named, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Saharsa in connection with Mahishi P.S. Case No. 187 of 2019, subject to following conditions:- (i) The petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, their bail bonds shall be liable to be cancelled by the court below.

(ii) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Prabhat Kumar Singh, J) vinita/- U T