Nehal Dewan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53366 of 2023 Arising Out of PS. Case No.-493 Year-2022 Thana- RAXAUL District- East Champaran ====================================================== 1.
NEHAL DEWAN S/o- ASHRAF DEWAN Village- Kaurihar Tola Laxmipur Ps-Raxaul Dist- East Champaran 2.
Najma Khatoon wife of Ashraf Dewan Village- Kaurihar Tola Laxmipur PsRaxaul Dist- East Champaran 3.
Gulam Dewan @ Gulab Dewan son of Ali Hussain Dewan VillageChainpur Ps- Parbanipur Dist- Bara Nepal 4.
Tabrej Dewan @ Tabrezz Khan son of Gulab Dewan @ Gulam Dewan Village- Chainpur Ps- Parbanipur Dist- Bara Nepal 5.
Afroj Dewan @ Afroj son of Gulab Dewan @ gulam Dewan VillageChainpur Ps- Parbanipur Dist- Bara Nepal 6.
Firoj Dewan @ Firoj son of Gulab Dewan @ Gulam Dewan VillageChainpur Ps- Parbanipur Dist- Bara Nepal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binay Kant Mani Tripathi For the Opposite Party/s :
Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-08-2023
1. Heard learned counsel for the petitioners as well as the learned APP for the State.
2. The petitioners apprehend their arrest in connection with Raxaul P.S. Case No. 493 of 2022, registered for the offences punishable under Sections 302, 201 of the Indian Penal Code.
3. As per allegation, the daughter of the informant namely Kiran Kumari (deceased) was married to Asraf Dewan, who was already a married person. On 17.10.2022, the informant made a call to her daughter, but she didn't pick up the call. Further,
Patna High Court CR. MISC. No.53366 of 2023(2) dt.19-08-2023 2/2 she made a call to her son-in-law and she came to know that her daughter was killed by his family members.
4. The learned counsel for the petitioner has submitted that the petitioners are the persons of clean antecedent. The marriage has taken place ten years prior to lodging of the FIR. As such, there is no question of commission of marriage at the hands of the petitioner. He has submitted further that the husband of the deceased is under custody. The petitioners are in-laws, having no concern with the day-to-day affairs of the couple.
5. Considering these facts and circumstances as well as the clean antecedent of the petitioners, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on 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 Sub-Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran in connection with Raxaul P.S. Case No. 493 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Nawneet Kumar Pandey, J) Kundan/Sudha U T