Vijay Paswan @ Bijay Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62864 of 2021 Arising Out of PS. Case No.-240 Year-2021 Thana- KOTWALI District- Munger ====================================================== 1.

VIJAY PASWAN @ BIJAY KUMAR PASWAN S/O LATE HAJARI PASWAN R/o village- Katghar, P.S.- Kotwali, District- Munger 2.

Bimla Devi W/o Sri Vijay Paswan R/o village- Katghar, P.S.- Kotwali, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akshansh Ankit For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Munger Kotwali P.S. Case no. 240 of 2021 instituted for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

As per allegation in the FIR, petitioners along with their family members have tortured the daughter of the informant in various ways and ultimately she was done to death by strangulating. It is further alleged that husband Pankaj Kumar Paswan had an illicit relationship with his widowed aunt

Patna High Court CR. MISC. No.62864 of 2021(2) dt.19-05-2022 2/3 and as such he used to harass the deceased.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are father-in-law and mother-inlaw of the deceased and have been falsely implicated in this case. They have never tortured their daughter-in-law. They have no concern with the daily activity of the deceased and her husband. Both are living separately. The sole responsibility to take care of wife is upon husband and not against his family members. Doctor, who has conducted postmortem of deceased opined that death was caused due to asphyxia due to hanging. It is further submitted that husband of the deceased Pankaj Paswan is languishing in judicial custody.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Munger Kotwali P.S. Case no. 240 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of

Patna High Court CR. MISC. No.62864 of 2021(2) dt.19-05-2022 3/3 the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U