Mukesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63106 of 2021 Arising Out of PS. Case No.-46 Year-2021 Thana- MATIHANI District- Begusarai ====================================================== 1.

MUKESH PASWAN Son of Rajo Paswan Resident of Village - Jilla Punarvas, P.S.- Matihani, District - Begusarai. 2.

Nilam Devi @ Sumitra Devi Wife of Rajo Paswan Resident of Village - Jilla Punarvas, P.S.- Matihani, District - Begusarai. 3.

Rajo Paswan Son of Late Bhupal Paswan Resident of Village - Jilla Punarvas, P.S.- Matihani, District - Begusarai. 4.

Sarita Devi @ Rita Devi Wife of Mukesh Paswan Resident of Village - Jilla Punarvas, P.S.- Matihani, District - Begusarai. 5.

Sanju Devi @ Ranju Devi Wife of Amresh Paswan Resident of Village - Ghaghra, P.S.- Bakhri, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikramdeo Singh Mr. Arjun Prasad and Ashok Kumar For the Opposite Party/s :

Mr.Satyendra Narayan Singh Mr. Jay Narayan Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-07-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Matihani P.S. Case No. 46/2021 registered for offence punishable under section 304(B)/34 of the Indian Penal Code. As per allegation, the deceased Soni Devi was married

Patna High Court CR. MISC. No.63106 of 2021(2) dt.20-07-2022 2/3 to co-accused Lalan Paswan six years prior to lodging of the FIR. The customary presents, as per affording capacity of the informant, were given to the petitioner. A son and a daughter were born out of wedlock of the couple. Six accused persons named in the FIR demanded Rs. 1,00,000/- cash and when the demand was not fulfilled, they started torturing the deceased. The accused persons on 07.042021 badly assaulted and strangulated the deceased to death. When the informant went there, the accused persons were not present there. The learned counsel for the petitioners has submitted that the petitioners are innocent. They are father-in-law, mother-in-law and own married nanad of the deceased, having no concern with the demand of dowry.

He has also submitted that the informant has filed a petition in the court below that the petitioners had not inflicted torture on the deceased. In the FIR, there is allegation that the accused persons committed murder of the deceased by strangulating her throat within six years of her marriage. They, before her death, subjected her to cruelty for non-fulfillment of the demand. As such, in my view, the petitioners do not deserve the privileges for anticipatory bail and accordingly, their prayer for anticipatory bail is rejected.

Patna High Court CR. MISC. No.63106 of 2021(2) dt.20-07-2022 3/3 Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T