Shiwanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54265 of 2019 Arising Out of PS. Case No.-96 Year-2019 Thana- PALIGANJ District- Patna ====================================================== 1.

Shiwanti Devi, Wife of Srikant Paswan Resident of Village - Lalganj Sehara, P.S.- Paliganj, Dist.- Patna.

2.

Chandan Paswan @ Chandan Kumar, Son of Late Nifikir paswan, Male Resident of Village - Lalganj Sehara, P.S.- Paliganj, Dist.- Patna. 3.

Srikant Paswan @ Srikant Kumar, Son of Late Nifikir Paswan Resident of Village - Lalganj Sehara, P.S.- Paliganj, Dist.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-02-2020 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Petitioners apprehend their arrest in connection with Paliganj P.S. Case No.96 of 2019, registered for the offence punishable under Sections 498(A), 304(B), 201/34 of the Indian Penal Code.

The allegation against the petitioners is that petitioners along with other family members tortured the daughter of the informant and killed her in her matrimonial home and after that the accused persons disposed the dead body of the daughter of the informant clandestinely.

Patna High Court CR. MISC. No.54265 of 2019(5) dt.05-02-2020 2/3 Mr. Ajay Kumar Singh, learned counsel appearing for the petitioners submits that the petitioners have falsely been implicated in this case inasmuch as the petitioner No.1 is the sister-in-law (Gotni) of the deceased and petitioner No.2 and 3 are the brother-in-laws (Dewar) of the deceased. Learned counsel for the petitioners further submits that there is general and omnibus allegation against them and all the petitioners are separate in residence and mess with the deceased and her husband. Learned counsel further submits that from perusal of paragraph No.27 and 28 of the case diary, it would be evident that the informant has himself stated before the police that his daughter has committed suicide and not killed by the accused persons.

Learned counsel relying upon an order dated 11.09.2019 passed by this Court in Cr. Misc. No.34018 of 2019 submits that similarly situated accused persons, Shailendra Paswan, who is elder brother-in-law (Dewar) of the deceased has been granted anticipatory bail by this court.

Patna High Court CR. MISC. No.54265 of 2019(5) dt.05-02-2020 3/3 similarly situated accused person has been granted bail, I am inclined to grant anticipatory bail to the petitioner. Accordingly, all the petitioners, above named, are directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Danapur in connection with Paliganj P.S. Case No.96 of 2019, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T