Angad Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5169 of 2023 Arising Out of PS. Case No.-31 Year-2022 Thana- KISHANGANJ District- Kishanganj ====================================================== 1.

ANGAD PASWAN Son of Late Jaisagar Paswan @ Jageshwar Paswan Resident of Village- Mahesh Bathna, Ward No.- 07, P.S.- Telta, DistrictKatihar 2.

CHAMPA DEVI Wife of Arun Paswan, D/O Angad Paswan Resident of Village- Talbari Kamarshal, P.S.- Chakulia, District- Uttar Dinajpur (W.B) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Champa Devi Wife of Nandu Paswan Resident of Village- Fulwari Ward No.-12, P.O.- Chkla, P.S. and District- Kishanganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhirendra Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302, 304(B)/34 of the Indian Penal Code.

The allegation against the petitioners as per FIR is that the petitioners along with other accused persons have administered poison to the informant's daughter due to non-fulfillment of the dowry demand.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.5169 of 2023(2) dt.05-05-2023 2/3 petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioner nos. 1 & 2 are father-in-law and married sister-in-law of the deceased, respectively. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioner no.1 is an old aged person, whereas petitioner no.2 is a woman. Petitioner no.2 has been living separately from the deceased and she has no concern with her brother's family. It is further submitted that the husband of the deceased is in judicial custody. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as the husband of the deceased is in judicial custody, 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 six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five 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 Kishanganj P.S. Case No. 31 of 2022, subject to

Patna High Court CR. MISC. No.5169 of 2023(2) dt.05-05-2023 3/3 the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T