Chhote Lal Ram @ Chhotelal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65481 of 2023 Arising Out of PS. Case No.-1331 Year-2022 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== 1.

CHHOTE LAL RAM @ CHHOTELAL PASWAN S/o- LATE SHIVNATH Village- Ugrasenpur Ps- Dubhar Dist- Balia U.P 2.

Tezu Paswan @ Tej Narayan Paswan son of Chhotelal Ram @ Chhote Lal Ram Village- Ugrasenpur Ps- Dubhar Dist- Balia U.P ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Rajendra Paswan son of Late Sheoyogi Paswan Villlage- Bakulhapatti Po Village- Simri Ps- Simri Buxar- Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Roy For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-11-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in a case in connection with Complaint Case No. 1331(C)/2022 dated 22.12.2022 registered for the offences punishable u/ss 120B, 323, 324, 498A, 304B read with section 34 of the Indian Penal Code and u/ss 3/4 of the Domestic Violence Act.

Patna High Court CR. MISC. No.65481 of 2023(2) dt.08-11-2023 2/3

4. As per the prosecution case, the petitioners and the co-accused persons are alleged to have tortured the Complainant's daughter mentally and physically due to nonfulfillment of demand of dowry. It is further alleged that the Complainant's daughter died due to prolonged torture, starvation and lack of treatment resulting in anemia.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. It is further alleged that the petitioner no. 1 is the father-in-law and the petitioner no. 2 is the brother-in-law(Bhaisur) of the deceased. Learned counsel has further submitted that the petitioners neither demanded any dowry nor tortured the Complainant's daughter. The petitioners have no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount

Patna High Court CR. MISC. No.65481 of 2023(2) dt.08-11-2023 3/3 each to the satisfaction of learned court concerned, Buxar in connection with Complaint Case No. 1331(C) of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T