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Patna High CourtCR. MISC./53657/2024bail granted

Rajesh Paswan v. The State Of Bihar

2024-09-25Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53657 of 2024 Arising Out of PS. Case No.-45 Year-2024 Thana- PARSAUNI District- Sitamarhi ====================================================== 1.

Rajesh Paswan S/O Shankar Paswan Resident Of Village- Andahara, P.SParsauni, District- Sitamarhi 2.

Shankar Paswan S/O Late Jagan Paswan Resident Of Village- Andahara, P.S- Parsauni, District- Sitamarhi 3.

Bachi Devi W/O Shankar Paswan Resident Of Village- Andahara, P.SParsauni, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-09-2024 Heard the learned counsel for the petitioners and learned APP for the State.

2. Learned counsel for the petitioners prays for withdrawing this application filed on behalf of petitioner no. 01(Rajesh Paswan).

3. Permission is accorded.

4. Accordingly, this application stands dismissed as withdrawn with regard to petitioner no. 01 (Rajesh Paswan) only.

5. The petitioner no. 02 (Shankar Paswan) and petitioner No. 03 (Bachi Devi) seek regular bail in a case

Patna High Court CR. MISC. No.53657 of 2024(3) dt.25-09-2024 2/3 registered for the offence under Sections 302, 363/34 of the Indian Penal Code.

6. As per the prosecution case, due to non-fulfillment of demand of dowry, the deceased and her son have been killed by the petitioners.

7. The learned counsel for the petitioners has submitted that petitioner no. 02 and 03 are the father-in-law and mother-in-law of the deceased (Archana Devi). The petitioner no. 02 is custody since 19.04.2024 and petitioner no. 03 is in custody since 27.03.2024. During investigation, independent witnesses have said that the deceased had a fight with her husband (Rajesh Paswan) and after some time, she had committed suicide.

8. Learned A.P.P. has vehemently opposed the prayer for bail.

9. Considering the aforesaid facts and circumstances, this application for regular bail is allowed with regard to petitioner no. 02(Shankar Paswan) and petitioner No. 03 (Bachi Devi).

10. Let the petitioner no. 02(Shankar Paswan) and petitioner No. 03 (Bachi Devi), be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties

Patna High Court CR. MISC. No.53657 of 2024(3) dt.25-09-2024 3/3 of the like amount each to the satisfaction of the learned J.M.F.C., Sitamarhi/concerned Court below in connection with Parsauni P.S. Case No. 45 of 2024 subject to condition that:- (i) The petitioners shall appear in the trial regularly either personally or through their lawyer and shall cooperate in the trial.

(Sandeep Kumar, J) Shishir/- U T