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Patna High CourtCR. MISC./72359/2024bail granted

Jyoti Paswan @ Jyoti Kumar Paswan v. The State Of Bihar

2025-03-22Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72359 of 2024 Arising Out of PS. Case No.-153 Year-2023 Thana- ANDHRAMATH District- Madhubani ====================================================== 1.

Jyoti Paswan @ Jyoti Kumar Paswan Son of Rajdev Paswan Resident of Village- Baruar, Post- Baurar, PS- Andhramath, District- Madhubani 2.

Munni Devi Wife of Fuldeo Paswan @ Ful Kumar Paswan Resident of Village- Baruar, Post- Dhanchhiha Baurar, PS- Andhramath, DistrictMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Bhushan Kumar For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-03-2025

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that his daughter was married to Sukhal Paswan about eight years back, further for the last six months, his daughter was being assaulted and tortured, further on 19.09.2023 he got an information that his daughter was sick accordingly he reached the matrimonial home of his daughter where he did not

Patna High Court CR. MISC. No.72359 of 2024(3) dt.22-03-2025 2/3 find any family members present, thereafter, he came to know that his daughter was murdered and the accused were trying to dispose her dead body near a canal accordingly he reached near the canal when the accused persons fled away, thus, based on suspicion alleges that the named accused persons killed his daughter by poisoning.

4. Learned counsel for the petitioners submits that the husband of the deceased is not an accused in the case. It is further submitted that petitioners are not related with the husband of the deceased in any manner and are co-villagers. It is further submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that informant is not an eye witness to the occurrence and a general and omnibus allegation is alleged against the petitioners, it is also submitted that the marriage of the deceased with Sukhal Paswan was more than seven years old, but then no case ever came to be instituted either by the deceased or the informant alleging torture. It is further submitted that during the course of investigation, it transpired that deceased had consumed poison, but then petitioners are not related to the family of the husband of the deceased in any manner. It is also submitted that petitioners will not abscond rather will co-operate in the investigation to prove

Patna High Court CR. MISC. No.72359 of 2024(3) dt.22-03-2025 3/3 their innocence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Andhramath P.S. Case No. 153 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T