Kantlal Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80139 of 2019 Arising Out of PS. Case No.-495 Year-2018 Thana- BIDUPUR District- Vaishali ====================================================== 1.
Kantlal Paswan Son of Late Bhagera Bhagat @ Late Bhagera Paswan Resident of Village- Rajasan, P.S.- Bidupur, District- Vaishali at Hajipur. 2.
Santlal Paswan Son of Late Bhagera Paswan @ Late Bhagera Bhagat Resident of Village- Rajasan, P.S.- Bidupur, District- Vaishali at Hajipur. 3.
Sushila Devi Wife of Kantlal Paswan Resident of Village- Rajasan, P.S.- Bidupur, District- Vaishali at Hajipur.
4.
Ajay Paswan @ Vijay Paswan Son of Kantlal Paswan Resident of VillageRajasan, P.S.- Bidupur, District- Vaishali at Hajipur. 5.
Munna Kumar Son of Kantlal Paswan Resident of Village- Rajasan, P.S.- Bidupur, District- Vaishali at Hajipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Om Prakash Om For the Opposite Party/s :
Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-12-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Bidupur P.S. Case no. 495 of 2018, registered under Sections 304(B) and 201/34 of the Indian Penal Code. The accusation is that marriage of Arti Kumari, sister of the informant, Ravi Paswan was performed before three year with Baualal Paswan, son of petitioner No.2 Santlal Paswan, but after some time, she was being tortured for
Patna High Court CR. MISC. No.80139 of 2019(2) dt.06-12-2019 2/3 demand of motorcycle and due to non-fulfillment of demand of motorcycle, in dowry, she was killed and her dead body was disposed of.
Learned counsel for the petitioners submits that petitioners are father-in-law, cousin father in law, mother in law and two brother in laws of the deceased. Further submission is that, in fact, deceased Arti Kumari was pregnant and profussed bleeding started to her private part due to that reasons, she was rushed to Dr. Sadhu Sharan Choudhary, Panapur, Dharmpur, Vaishali, but she died in course of treatment and her dead body was disposed of, but with ulterior motive, the informant, who is the brother of deceased has lodged the present case. Later on, after realizing the real fact, the informant Ravi Paswan, brother of deceased, filed application in the Court of S.D.J.M.-14 Vaishali at Hajipur stating that the case has been lodged due to misconception, which would appear from Annexure-3. The petitioners have no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.80139 of 2019(2) dt.06-12-2019 3/3 amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 495 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T