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Patna High CourtCR. MISC./74953/2024bail granted

Ravindra Paswan @ Lakhindra Paswan v. The State Of Bihar

2025-05-09Justice Smt. Soni Shrivastava4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74512 of 2024 Arising Out of PS. Case No.-157 Year-2024 Thana- SHEOHAR District- Sheohar ====================================================== 1.

Pramod Paswan S/o- Janaki Paswan Resident of Village - Harnahiya, P.S. -Sheohar, District - Sheohar 2.

Poonam Devi W/o- Mukesh Paswan Resident of Village - Harnahiya, P.S. -Sheohar, District - Sheohar ... ... Petitioner.

Versus

The State of Bihar. ... ... Opposite Party. ====================================================== WITH CRIMINAL MISCELLANEOUS No. 74953 of 2024 Arising Out of PS. Case No.-157 Year-2024 Thana- SHEOHAR District- Sheohar ====================================================== 1.

Ravindra Paswan @ Lakhindra Paswan S/o Ramchandra Paswan R/o Village- Harnahiya, P.S.- Sheohar, District- Sheohar 2.

Rakesh Paswan S/o Ramchandra Paswan R/o Village- Harnahiya, P.S.- Sheohar, District- Sheohar ... ... Petitioners.

Versus

The State of Bihar. ... ... Opposite Party. ====================================================== WITH CRIMINAL MISCELLANEOUS No. 76612 of 2024 Arising Out of PS. Case No.-157 Year-2024 Thana- SHEOHAR District- Sheohar ====================================================== Devkali Devi W/O Ramchandra Paswan Resident of Village - Harnahiya, P.S. - Sheohar, District - Sheohar. ... ... Petitioner.

Versus

The State of Bihar. ... ... Opposite Party. ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 74512 of 2024) For the Petitioner/s :

Mr. Dinesh Jha, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 74953 of 2024) For the Petitioner/s :

Mr. Dinesh Jha, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP (In CRIMINAL MISCELLANEOUS No. 76612 of 2024) For the Petitioner/s :

Mr. Dinesh Jha, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA

2/4 ORAL ORDER 09-05-2025 As all these bail applications arise out of the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.

2. Heard learned counsel for the petitioners and learned A.P.P. for the State.

3. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

4. The allegation in the first information report is that the informant's daughter, Amrita Devi, who was earlier married to one Ram Sringar Paswan, was, subsequently, trapped by Mukesh Paswan by enticing her into love affair and, later on, kidnapped her daughter, Nayra. It is alleged that one Deokali Devi took the responsibility of the girl, took her along with Amrita Devi, where they started living with Mukesh Paswan after solemnizing the marriage. Further allegation is that on 12.05.2024, the informant received information that Amrita Devi and her minor daughter have been murdered and their dead body have been made to disappear to conceal the evidence of the crime.

5. It is submitted by learned counsel for the petitioners that the allegations are specific on one Mukesh Paswan of having

3/4 enticed away Amrita Devi along with her daughter to whom she was, subsequently, married and was staying with him. Suspicion has been raised on other accused persons along with Mukesh Paswan, who happen to be his relative. Petitioners, Pramod Paswan and Poonam Devi of Cr. Misc. No.74512 of 2024, are the elder brother and wife of the said Mukesh Paswan, petitioners, Ravindra Paswan @ Lakhindra Paswan and Rakesh Paswan of Cr. Misc. No.74953 of 2024, are the cousin brothers of the Mukesh Paswan, whereas the petitioner, Deokali Devi of Cr. Misc. No.76612 of 2024 is aunt of the said Mukesh Paswan. It is submitted that there is no direct allegation against all these petitioners and, as a matter of fact, the dead body has also not been recovered as yet. It has further been submitted that all these petitioners have been made accused in this case only on account of the fact that they are related to the main accused, Mukesh Paswan, who has surrendered and is in custody. Petitioners, however, undertake to cooperate in investigation and trial.

6. Learned APP for the State opposed the prayer for bail on the ground of allegations made in the F.I.R.

7. Taking into consideration the facts and circumstances of the case as well as the fact that the main allegation is on Mukesh

4/4 Paswan of solemnizing marriage and staying with the deceased, who is now in custody, and further no substantive evidence has even been collected during course of investigation to connect these petitioners to the said offence, I am inclined to grant the privilege of anticipatory bail to the petitioners. 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/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Sheohar P.S. Case No.157 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/482 (2) Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. However, the petitioners are directed to cooperate in the investigation till the submission of the charge-sheet.

(Soni Shrivastava, J) Trivedi/- U T