Ravindra Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32700 of 2017 Arising Out of PS.Case No. -221 Year- 2012 Thana -BARUN District- AURANGABAD ======================================================
1. Ravindra Paswan, Son of Niranjan Paswan
2. Niranjan Paswan Son of Late Swaroop Paswan,
3. Hemanti Devi @ Hevanti Devi W/o Ravindra Paswan,
4. Daulti Devi @ Taluk Raj Devi W/o Niranjan Paswan, All Resident of Village- Dhannauti, P.S.- Barun, District- Aurangabad (Bihar). .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-08-2017 Learned counsel for the petitioners is permitted to make necessary correction in paragraph 1 and the prayer portion of the petition.
Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Complaint Case No. 687/2014 registered under Sections 304B, 201/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.
The allegation of the complainant/ informant Sheojanam Paswan is that he performed marriage of the daughter Sonam Devi with one Pappu Paswan before three years back and at the time of
Patna High Court Cr.Misc. No.32700 of 2017 (3) dt.10-08-2017 marriage he gave Rs.60,000/- and ornaments. After marriage his daughter was being tortured for demand of she-buffalo. He went to the matrimonial house and she complained torture by them and demand was also made. Thereafter a Panchayati was also held to reconcile the matter and he took his daughter with him. Again his daughter went to his matrimonial house. On 27.4.2012 he received information about drowning of his daughter and recovery of the dead body from the river. Then he alongwith his brother went there and U.D.Case No. 2/2012 was instituted and the postmortem was done in which it concluded the death of the daughter by drowning.
Learned counsel for the petitioners submits that petitioners are the brother-in-law, father-in-law, sister-in-law and mother-in-law of the deceased daughter of the informant. In fact the deceased daughter of the informant had gone to Mykai of her Gotani where in course of bath in the river she drowned in the water and the information was given to the informant who came and lodged U.D.Case No. 2/2012 and the postmortem was also held and concluded the death of the deceased due to drowning. With ulterior motive after one month of the occurrence the informant lodged Complaint Case No. 446/2012 in the court of the Chief Judicial Magistrate, Aurangabad and the present case has
Patna High Court Cr.Misc. No.32700 of 2017 (3) dt.10-08-2017 been lodged. Later on, the police submitted final form and thereafter a protest petition was filed which was treated as Complaint Case No. 687/2014 in which the petitioners have been summoned for the offence under sections 304B, 201/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in connection with Complaint Case No. 687/2014, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) Surendra/- U T