Hira Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28452 of 2015 Arising Out of PS.Case No. -291 Year- 2014 Thana -RAHUI District- NALANDA (BIHARSHARIFF) ======================================================
1. Hira Paswan Son of Late Saryug Paswan
2. Dinesh Paswan Son of Hira Paswan
3. Laldeo Paswan Son of Hira Paswan
4. Rampari Devi @ Lalpari Devi Wife of Hira Paswan
5. Baby Devi W/o Dinesh Paswan
6. Minto Devi @ Minta Devi Wife of Laldeo Paswan All are residents of Village Kadibigha, P.S. Rahui (Bhagan Bigha) District Nalanda. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. P.K. Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-07-2015 Heard learned counsels for the petitioner and the State.
It is submitted by learned counsel for the petitioners that petitioner Nos. 2 and 3 namely Dinesh Paswan and Laldeo Paswan have been arrested, hence their applications have become infructuous.
Accordingly the application with regard to petitioner Nos. 2 and 3 stands disposed off.
Petitioner Nos. 1 and 4 being parents and petitioner Nos. 5 and 6 being wives of the brothers of the husband of the victim are apprehending their arrest in a case registered for the offences punishable under Sections 498A, 304B/34 of the Indian Penal Code.
Patna High Court Cr.Misc. No.28452 of 2015 (2) dt.27-07-2015 2/2 The accusation is killing the sister of the informant after one and half years of marriage for nonfulfilment of dowry demand. It is submitted by learned counsel for the petitioners that petitioners claim to be separate from the husband of the victim. On conclusion of the investigation the accusation was not found true and petitioners were not sent up for trial but differing with the final form, cognizance has been taken.
It is submitted by learned counsel for the informant that postmortem suggests the death due to hanging. Considering the fact that thrust of accusation is against the husband of the victim, who as per learned counsel for the petitioners is in custody, let the petitioners, above named, except petitioner Nos. 2 and 3, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nalanda at Biharsharif in connection with Rahui(Bhagan Bigha) P.S. Case No. 291 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Shageer/- U T