Sudhir Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36990 of 2014 Arising Out of PS.Case No. -65 Year- 2014 Thana -UJIYARPUR District- SAMASTIPUR ======================================================

1. Sudhir Paswan S/o Late Jhajhu Paswan

2. Rahul Kumar Paswan @ Rahul Kumar S/o Sri Sudhir Paswan

3. Deepak Paswan @ Deepak Kumar, S/o Sri Sudhir Paswan All are Resident of Village-Raypur, P.S.-Ujiyarpur, and District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

===================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 3.

27.04.2015 Heard Mr. Ajay Kumar Thakur, learned counsel assisted by Mr .Dudh Nath Singh, learned counsel for the petitioners and Mr. Pranav Kumar, learned A.P.P. for the State. The petitioners apprehend arrest in connection with Ujiyarpur P.S. Case No. 65 of 2014 dated 19.05.2014 instituted under Sections 302/34 of the Indian Penal Code. Learned counsel for the petitioners submits that they have been falsely implicated in the case when the allegation is that they have killed the son of the informant who was married to the daughter of petitioner no. 1 and sister of petitioners no. 2 and 3. Learned counsel submits that the wife of the deceased was pregnant and thus there could have been no reason to make her widow and the child orphan by the relatives of the wife. It is further submitted that the post mortem report shows the cause of death as cardio respiratory arrest due to hepatic involvement which clearly shows that he

Patna High Court Cr.Misc. No.36990 of 2014 (3) dt.27-04-2015 2/2 was over indulgent leading to major problem in the liver resulting in death and the injuries clearly indicate that he had fallen on the road as the same were on the elbow. It is submitted that no other injury has been found on the body. Learned counsel submits that it is only by chance that when the delivery date was nearer, the deceased had come to his inlaws place i.e., the place of the petitioners and unfortunately the incident happened, though he was taken to the hospital for medical treatment. It is further submitted that the petitioners have no criminal antecedent.

Learned A.P.P., upon going through the case diary, submits that the death had occurred while the deceased had come to his matrimonial home.

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 upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Dalsingsarai in Ujiyarpur P.S. Case No. 65 of 2014, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Ahsanuddin Amanullah, J.) P. Kumar U T