Kamta Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56472 of 2019 Arising Out of PS. Case No.-35 Year-2019 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.
Kamta Paswan Son of Gupta Paswan @ Gupteshwar Paswan, Resident of Village - Belari, P.S.- Daudnagar, District - Aurangabad. 2.
Saheb Paswan Son of Gupta Paswan @ Gupteshwar Paswan, Resident of Village - Belari, P.S.- Daudnagar, District - Aurangabad. 3.
Sudha Devi Wife of Saheb Paswan, Resident of Village - Belari, P.S.- Daudnagar, District - Aurangabad.
4.
Siyamani Devi Wife of Kamta Paswan, Resident of Village - Belari, P.S.- Daudnagar, District - Aurangabad.
5.
Lalan Paswan Son of Late Jogendra Paswan, Resident of Village - Belari, P.S.- Daudnagar, District - Aurangabad.
... ... Petitioners
Versus
The State of Bihar.
... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Singh, Advocate For the Opposite Party/s :
Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-11-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Petitioners in the present case are seeking anticipatory bail in connection with Daudnagar P.S. Case No. 35 of 2019 registered for the offences punishable under Sections 304(B)/201/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioners are innocent and have falsely been implicated in this case due to family dispute. Learned counsel further submits that the petitioner nos. 1 and 2 are the brothers-in-law, petitioner nos. 3
Patna High Court CR. MISC. No.56472 of 2019(3) dt.20-11-2019 2/3 and 4 are the sisters-in-law and petitioner no. 5 is a stranger to the family and there is no specific allegations against them in the first information report.
Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
Considering the facts and circumstances of this case, where it appears that the petitioner nos. 1 and 2 are the brothers-inlaw, petitioner nos. 3 and 4 are the sisters-in-law and petitioner no. 5 is a stranger to the family and there is no specific allegations against them in the first information report, in the event of their arrest or surrender within a period of four weeks from today, let the petitioners abovenamed be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Daudnagar, Aurangabad in connection with Daudnagar P.S. Case No. 35 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e.
(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from
Patna High Court CR. MISC. No.56472 of 2019(3) dt.20-11-2019 3/3 disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) vats/ved U T