Shatrudhan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67703 of 2022 Arising Out of PS. Case No.-69 Year-2021 Thana- KOTWA District- East Champaran ====================================================== 1.
SHATRUDHAN PASWAN Son of Kameshwar Paswan Resident of Jogiraha Kothi, P.S- Kotwa, Dist- East Champaran 2.
Rima Devi Wife of Shatrudhan Paswan Resident of Jogiraha Kothi, P.SKotwa, Dist- East Champaran 3.
Kameshwar Paswan Son of Late Nathuni Paswan Resident of Jogiraha Kothi, P.S- Kotwa, Dist- East Champaran 4.
Ramkali Devi Wife of Kameshwar Paswan Resident of Jogiraha Kothi, P.SKotwa, Dist- East Champaran 5.
Ram Vinay Paswan @ Ram Vinay Kumar Son of Kameshwar Paswan Resident of Jogiraha Kothi, P.S- Kotwa, Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Navin Kumar Singh, Adv.
For the Opposite Party/s :
Mr.J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-12-2022 Heard the learned counsel for the petitioners as well as Sri J.N. Thakur, the learned APP for the State. The petitioners apprehend their arrest in connection with Kotwa P.S. Case No. 69 of 2021, registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.
The learned counsel for the petitioners has submitted that though the anticipatory bail petition of the petitioners was rejected, vide order dated 24.08.2022 in Cr. Misc. No. 5794 of
Patna High Court CR. MISC. No.67703 of 2022(2) dt.07-12-2022 2/3 2022 by this Court, but the petitioners are renewing their prayer on the fresh ground that the husband of the deceased, Vijay Paswan and her devar Ajay Paswan were put on trial and they have been acquitted vide judgment and order dated 27.04.2021, passed by the learned Additional Sessions Judge 22, East Champaran, Motihari, Bihar in Sessions Trial No. 743 of 2021, since the prosecution witnesses did not support the prosecution case.
As per allegation, the husband and his family members subjected the deceased to cruelty for non-fulfillment of dowry demand of Rs. 5,00,000/- cash and they threatened to solemnize the second marriage of the husband, if the demand would not have been fulfilled. Subsequently, they committed murder of the deceased.
As discussed above, the husband as well as brotherin-law of the deceased were put on trial and during course of trial, the witnesses produced by the prosecution were declared hostile, resultantly the case was culminated into acquittal of coaccused persons. Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be
Patna High Court CR. MISC. No.67703 of 2022(2) dt.07-12-2022 3/3 released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Kotwa P.S. Case No. 69 of 2021, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Nawneet Kumar Pandey, J) kundan/-Mahesh U T