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Patna High CourtCR. MISC./56343/2023allowed

Ram Chandra Paswan v. The State Of Bihar

2024-01-11Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56343 of 2023 Arising Out of PS. Case No.-18 Year-2023 Thana- TISIAUTA District- Vaishali ====================================================== 1.

RAM CHANDRA PASWAN SON OF LATE FUDENI PASWAN @ LATE ASHARFI PASWAN RESIDENT OF VILLAGE- BIJRAULI, BINDI CHOWK, PS- TISIAUTA, DISTT- VAISHALI 2.

SOMARI DEVI WIFE OF RAM CHANDRA PASWAN RESIDENT OF VILLAGE- BIJRAULI, BINDI CHOWK, PS- TISIAUTA, DISTTVAISHALI 3.

MEGHI PASWAN SON OF RAM CHANDRA PASWAN RESIDENT OF VILLAGE- BIJRAULI, BINDI CHOWK, PS- TISIAUTA, DISTTVAISHALI 4.

RAVISH KUMAR SON OF RAM CHANDRA PASWAN RESIDENT OF VILLAGE- BIJRAULI, BINDI CHOWK, PS- TISIAUTA, DISTTVAISHALI 5.

PANKAJ KUMAR PASWAN SON OF RAM CHANDRA PASWAN RESIDENT OF VILLAGE- BIJRAULI, BINDI CHOWK, PS- TISIAUTA, DISTT- VAISHALI 6.

RAKESH KUMAR SON OF RAM CHANDRA PASWAN RESIDENT OF VILLAGE- BIJRAULI, BINDI CHOWK, PS- TISIAUTA, DISTTVAISHALI 7.

PAPPU PASWAN SON OF RAM CHANDRA PASWAN RESIDENT OF VILLAGE- BIJRAULI, BINDI CHOWK, PS- TISIAUTA, DISTTVAISHALI ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

NARESH PASWAN SON OF LATE RAMDEO PASWAN RESIDENT OF VILLAGE- MAHAMDPUR, PS- MAHNAR, DISTT- VAISHALI ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Mohan For the Opposite Party/s :

Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-01-2024 Heard the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 304B, 201,

Patna High Court CR. MISC. No.56343 of 2023(4) dt.11-01-2024 2/3 34 of the Indian Penal Code and 3⁄4 of D.P.Act.

3. Allegedly, the petitioners are said to have killed the daughter of informant on the pretext of non-fulfillment of demand for dowry.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. He further submits that the petitioners are the in-laws of the deceased and the husband of the deceased is already in judicial custody. Petitioner no.2 has one criminal antecedent whereas rest of the petitioners have no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.56343 of 2023(4) dt.11-01-2024 3/3 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Tisiauta P.S. Case No.18 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T