Sanjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59683 of 2022 Arising Out of PS. Case No.-48 Year-2022 Thana- TARABARI District- Araria ====================================================== 1.

SANJAY PASWAN S/O SHRAVAN PASWAN @ SARBAN PASWAN Resident of Ward No- 11, Pervakhuri, Tarauna Bhojpur, Madanpur, P.S.- Araria, District- Araria.

2.

BABY DEVI W/O SANJAY PASWAN Resident of Ward No- 11, Pervakhuri, Tarauna Bhojpur, Madanpur, P.S.- Araria, District- Araria. 3.

BECHANI DEVI W/O SHRAVAN PASWAN Resident of Ward No- 11, Pervakhuri, Tarauna Bhojpur, Madanpur, P.S.- Araria, District- Araria. 4.

MANJU DEVI W/O VISHUNCHANDRA PASWAN Resident of Ward No11, Pervakhuri, Tarauna Bhojpur, Madanpur, P.S.- Araria, District- Araria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-02-2023 Heard the learned counsel for the petitioners as well as the learned APP for the State.

At the outset, the learned counsel for the petitioners has submitted that during the pendency of this anticipatory bail petition, petitioner nos. 3 and 4 has been arrested and, as such, it has become infructuous with respect to him. They, therefore, seek permission to withdraw this petition with respect to them.

In view of the aforesaid submission, this petition is dismissed as withdrawn with respect to petitioner nos. 3

Patna High Court CR. MISC. No.59683 of 2022(2) dt.04-02-2023 2/3 and 4.

So far as petitioner nos. 1 and 2 are concerned, they apprehend their arrest in connection with Tarabari P.S. Case No. 48 of 2022, registered for the offences punishable under Sections 302/34 of the Indian Pena Code.

As per allegation, the marriage of Fulo Devi, the sister of the informant, was solemnized with co-accused Deepak Paswan, ten years prior to lodging of the FIR. The accused persons strangulated her to death.

The learned counsel for the petitioners has submitted that admittedly, the occurrence has taken place after ten years of marriage. There is no motive against the petitioners for committing murder of the deceased. Petitioner no. 1 is brother of husband of the deceased and petitioner no. 2 is wife of petitioner no. 1. The husband Deepak Paswan is still under custody. The petitioners are the persons of clean antecedents.

Considering the above-mentioned facts and circumstances, let petitioner nos. 1 and 2 in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.59683 of 2022(2) dt.04-02-2023 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Tarabari P.S. Case No. 48 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) nirmal/kundan U T