Rohit Paswan @ Baiju And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61384 of 2017 Arising Out of PS.Case No. -252 Year- 2017 Thana -ALAMGANJ District- PATNA ======================================================
1. Rohit Paswan @ Baiju, (Brother In Law) S/o Sitaram Paswan, R/o Humad Gali, P.S.- Chauk, District- Patna.
2. Shikha Devi (Nanad) W/o Rohit Paswan , R/o Belbalganj, Dusadh Toli , P.O.- Gulzarbag, P.S.- Chauk, District- Patna.
3. Alok Kumar Verma (Brother In Law) S/o Satendra Kumar Verma,
4. Deep Mala Devi @ Deepmala (Nanad) W/o Alok Kumar Verma,
5. Kanchan Mala Devi (Nanad) W/o Umesh Paswan,
6. Kusum Kumari (Nanad) D/o late Kundan Lal Chand, All R/o Belbaganj Dusadh Toli, P.O.- Gulzarbag, P.S.- Alamganj, Distt.- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Subodh Kumar For the Opposite Party/s : Mr. Sri Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-01-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Alamganj P.S. Case No. 252 of 2017 instituted for the offence under Sections-328, 302 of the Indian Penal Code.
The FIR has been filed by the informant who is wife of the deceased against her in-laws leveling allegation that they have killed her husband by administering poison and have cremated the dead body at Khajekala Ghat, Patna. It is further alleged that her husband was interested in keeping her whereas mother in law, sister in law and brother in law were opposing her husband and used to quarrel. The informant believes that her husband has been killed by accused persons
Patna High Court Cr.Misc. No.61384 of 2017 (2) dt.18-01-2018 2/2 due to property dispute.
It has been submitted that petitioners are Nanad and Nandoshi as mentioned in para-6 of the bail petition. There is no allegation of specific overt act against these petitioners in the written report.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Alamganj P.S. Case No. 252 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City, Patna subject to condition as laid down u/S 438(2) of the Cr.P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable cause, will liable to cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) A.K.V.