Laxmi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71324 of 2023 Arising Out of PS. Case No.-220 Year-2019 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== 1.

Laxmi Paswan S/O Bhola Paswan R/O Village- Premnagar, P.SRunnisaidpur, Distt.- Sitamarhi. 2.

Shanti Devi W/O Laxmi Paswan R/O Village- Premnagar, P.SRunnisaidpur, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Birendra Paswan S/O Laxman Paswan R/O Village- Madhopur Sarnath, P.SRunnisaidpur, Distt.- Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Learned counsel for the petitioner submits that the petitioner No. 1 has been arrested. Accordingly, he seeks permission to withdraw the present application.

3. Permission is accorded.

4. Accordingly, the present application of petitioner No. 1 is dismissed as withdrawn.

5. The petitioner is apprehending his arrest in connection with Runnisaidpur P.S. Case No. 220 of 2019 dated 04.06.2019 registered for the offences punishable under Section

Patna High Court CR. MISC. No.71324 of 2023(2) dt.13-12-2023 2/3 304B read with 34 of the Indian Penal Code.

6. As per the prosecution case, the petitioner and the co-accused persons are alleged to have killed the daughter of the informant by strangulating her due to non-fulfillment of demand of dowry.

7. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner who is mother-in-law of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

8. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

9. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Sitamarhi in connection with Runnisaidpur P.S. Case No. 220 of 2019, subject to conditions as laid down under section 438(2) of

Patna High Court CR. MISC. No.71324 of 2023(2) dt.13-12-2023 3/3 the Code of Criminal Procedure.

10. The application stands allowed.

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