Patna High CourtCR. MISC./64302/2018bail granted

Mahendra Paswan And ANR v. The State Of Bihar

2018-10-26Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64302 of 2018 ======================================================

1. Mahendra Paswan, Son of Late Pyare Paswan.

2. Urmila Devi, W/o Mahendra Paswan. Both are resident of Aura, Police Station Magadh University, Bodh Gaya, Distt.-Gaya. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Sanjay Kumar, Advocate. For the Opposite Party : Mr. Rajballabh Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-10-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 304(B) and 120(B)/34 of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioners killed the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have been made accused in the present case due to mistake of fact. The petitioner no.1 is the

Patna High Court Cr.Misc. No.64302 of 2018 (2) dt.26-10-2018 2/2 father-in-law and petitioner no. 2 is mother-in-law of the deceased. They are separate in mess and property from the husband of the deceased. The husband of the deceased is in custody. On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Gaya, in connection with M.U. P.S. Case No. 65 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T