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Patna High CourtCR. MISC./70916/2019allowed

Kailash Paswan v. The Stateof Bihar

2019-12-18Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70916 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- MAHILA P.S. District- Sitamarhi ====================================================== 1.

Kailash Paswan Son of Late Gajadhar Paswan 2.

Kaliya Devi Wife of Sri Kailash Paswan 3.

Ran Vijay Bihari Son of Sri Kailash Paswan 4.

Sangeeta Devi @ Sangeeta Bihari Wife of Sri Ran Vijay Bihari 5.

Urmila Kumari Daughter of Sri Kailash Paswan ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rajni Kumari Wife of Sri Sanjay Paswan Resident of Chandrahatti, P.S.- Dumra, District-Sitamarhi. Presently at D/o Sri Narayan Paswan Ward No.21, Mela Road Bhardeopur (Behind Dr. Anju Singh), P.S.-Sitamarhi, District-Sitamarhi.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pawan Kumar, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP For the informant :

Mr. Madhulata Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-12-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sitamarhi Mahila P.S. Case No. 07 of 2019, registered under Sections 498(A), 379, 307 and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. He further submits that

Patna High Court CR. MISC. No.70916 of 2019(2) dt.18-12-2019 2/2 petitioners are relatives of the husband and there is general and omnibus allegation of demand of dowry against the petitioners. He further submits that the complaint case has been filed for the offence under Section 307, however, there is no injury to support the allegation. The petitioners have no criminal antecedent.

Having considered the above facts and circumstances of the case, let the above-named petitioners be released on bail, in the event of 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) each with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Sadar, Sitamarhi in connection with Sitamarhi Mahila P.S. Case No. 07 of 2019 subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Arvind Srivastava, J) S.Katyayan/- U T