Mukesh Paswan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15704 of 2018 Arising Out of PS. Case No.-436 Year-2017 Thana- GHORASAHAN District- East Champaran ======================================================
1. Mukesh Paswan, S/o Chandrika Paswan,
2. Chandrika Paswan S/o Jagarnath Paswan,
3. Kanti Devi W/o Chandrika Paswan, All R/o Village- Kala Barwa, P.S.- Ghorasahan, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh For the Opposite Party/s :
Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-06-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Ghorasahan P.S. case no. 436 of 2017, instituted for the offence under Section(s) 302 and 201 of the Indian Penal Code.
It has been submitted that petitioner no.2, namely, Chandrika Paswan, during the pendency of the application, has already been arrested, and as such, the petition with regard to the petitioner no.2 was dismissed as withdrawn by order dated
Patna High Court Cr.Misc. No.15704 of 2018(4) dt.21-06-2018 2/3 7.6.18.
Petitioner no.1 is the brother-in-law and petitioner no.3 is the mother-in-law of the deceased. It is submitted that husband and father-in-law of the deceased are already in custody. There is general and omnibus allegation against these petitioners. In the facts and circumstances of the case, prayer of the petitioner nos. 1 and 3 for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner nos. 1 and 3, named above, within six weeks from today in connection with Ghorasahan P.S. case no. 436 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Sikarahna at Dhaka, East Champaran, subject to the conditions as laid down under Section 438(2) Cr. P.C.
(3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for
Patna High Court Cr.Misc. No.15704 of 2018(4) dt.21-06-2018 3/3 cancellation of bail of the petitioners.
(Sanjay Priya, J) shyambihari/- U T